DRAFT FOR ATTORNEY REVIEW — NOT FINAL

Section 425

Citation
Section 425
Parent Document
Wallace v. McCubbin, 196 Cal. App. 4th 1169 (2011)
Jurisdiction
California (state)
Effective Date
2011-06-27
Original Source
https://www.courtlistener.com/opinion/5810370/wallace-v-mccubbin/ ↗

Other Sections in This Document (190)

Full Text

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In fact, Mann's s reliance on the availability of other motions to get rid of meritless allegations of protected activity leads to a rather puzzling result. One would think that the anti-SLAPP procedure at an early stage of the litigation would be used to deal with claims that are based on protected activity, leaving summary judgment and other motions to deal with claims based on unprotected conduct. Under Mann, however, summary judgment and other motions might be used to deal with claims based on protected conduct, while the anti-SLAPP procedure, imposed so early in the case, would be used to deal with claims based on unprotected conduct.