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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*1210One would think that Taus would be the death knell for the rule ventured earlier in Mann. Although Taus did not involve a mixed cause of action, the implications are clear. In evaluating the probability of prevailing on assertions of liability based on protected activity, the court in Taus looked at whether those assertions—not any others in the purported cause of action or count— had any merit. In deciding what should be struck, the court in Taus deemed it appropriate to strike the meritless assertions of liability based on protected activity—nothing more and nothing less—even though they comprised a part of what the plaintiff had called a “cause of action.” Given that a meritorious claim of protected activity could not save a meritless claim of protected activity in Taus, a meritorious claim of unprotected activity should not be able to save a meritless assertion of protected activity in a mixed cause of action.21

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