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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The court in Martinez v. Metabolife Internat., Inc. (2003) 113 Cal.App.4th 181, 188 [6 Cal.Rptr.3d 494], used the phrase “gravamen or principal thrust of the claims” when deciding whether liability was based on protected activity, but it plainly meant the acts on which the claims were based. The court stated: “Protected speech is not the gravamen or principal thrust of the claims asserted in Plaintiffs’ complaint. [Defendant’s] commercial speech, although mentioned in the complaint, is largely unrelated to and entirely distinct from the wrongful, injury-causing conduct by [defendant] on which Plaintiffs’ claims are premised. An examination of each of the pleaded theories of liability illustrates that the principal acts or omissions on which each cause of action is founded are independent from collateral acts by [defendant] involving commercial speech.” (Id. at p. 188, italics added.)

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