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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After noting that the alleged conduct fell within the scope of activity protected by section 425.16, subdivision (e) (Taus, supra, 40 Cal.4th at p. 712), our Supreme Court honed in on the second prong of the anti-SLAPP analysis. The court observed that “in order to avoid dismissal of each claim under section 425.16, plaintiff bore the burden of demonstrating a probability that she would prevail on the particular claim.” (Taus, at p. 713, italics added.) Furthermore, the court explained, section 425.16, subdivision (b)(1) “affords the defendant the opportunity, at the earliest stages of litigation, to have the claim stricken if the plaintiff is unable to demonstrate both that the claim is legally sufficient and that there is sufficient evidence to establish a prima facie case with respect to the claim.” (Taus, at p. 714, italics added.) These depictions explain, essentially, that each challenged basis for liability must be examined individually to determine if the plaintiff has demonstrated a probability of prevailing, and if the plaintiff has failed to do so, then that basis for liability is struck from the plaintiff’s pleading.

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