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/ ↗

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*1205Finally, the court in Mann assumed that the anti-SLAPP statute could not be employed to strike only part of a cause of action. (Mann, supra, 120 Cal.App.4th at p. 106.) It expressly related this assumption to its conclusion that a plaintiff’s claims based on unprotected activity in a “cause of action,” or count, could save a plaintiff’s meritless claims based on protected activity in the same count. {Ibid.) Indeed, if a court could not strike just part of the plaintiff’s count in a mixed cause of action, it might be appropriate to look beyond the allegations of protected activity, to see if the unprotected activity was also so meritless as to justify dismissal of the entire count.

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