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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The court in Mann did not cite particular authority for its assumption that section 425.16 precluded the striking of part of a cause of action. The statute simply states that a cause of action may be subject to a special motion to strike.19 As we shall see post, Mann’s assumption in this regard is inconsistent with our Supreme Court’s subsequent holding in Taus; but first, let us see why it discloses an additional shortcoming of the Mann rule when applied to a mixed cause of action.