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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Our Supreme Court did not address the first prong of anti-SLAPP analysis and proceeded instead to the second, pertaining to the probability of prevailing. The court quoted the following from Mann: “If the plaintiff ‘can show a probability of prevailing on any part of its claim, the cause of action is not meritless’ and will not be stricken; ‘once a plaintiff shows a probability of prevailing on any part of its claim, the plaintiff has established that its cause of action has some merit and the entire cause of action stands.’ ” (Oasis, supra, 51 Cal.4th at p. 820, original italics, quoting Mann, supra, 120 Cal.App.4th at p. 106.) The court then considered all of the causes of action together, because they were all based on the attorney’s breach of his duties as a former attorney to his client. The court stated; “The complaint identifies a number of acts of alleged misconduct and theories of recovery, but for purposes of reviewing the ruling on an anti-SLAPP motion, it is sufficient to focus on just one.” (Oasis, at p. 821, italics added.) Based on the fact that the attorney had agreed to represent Oasis in securing approvals for the project, acquired confidential information from Oasis during the representation, and later decided to publicly oppose the same project, the court concluded that “Oasis has demonstrated a likelihood of prevailing on each of its three causes of action.” (Oasis, at p. 822.)

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