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

597 chars 
Given the language of section 425.16, its legislative history, public policy concerns, the genesis of the Mann rule, and our Supreme Court’s subsequent teaching in Taus, we would conclude that the second prong of anti-SLAPP analysis requires a plaintiff to demonstrate with admissible evidence a probability that it would prevail on its cause of action arising from protected activity, based only on its allegations of protected activity. If the plaintiff failed in this regard, the meritless claims based on protected activity would be stricken as a basis for liability. Then came Oasis. f. Oasis