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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It makes sense in the context of section 425.16 to equate the statute’s concept of a cause of action arising out of protected activity with the specific part of a count that bases liability on protected activity. After all, if any part of the count asserts that the defendant should be held liable based on protected activity, the plaintiff is in effect saying that the protected activity itself supports a cognizable cause of action—in short, that he or she has a cause of action arising out of protected activity. (See Taus, supra, 40 Cal.4th at pp. 717-718, 722.) We also note that section 425.15, reenacted by the same legislation that enacted section 425.16, appears to use “cause of action” and “claim” interchangeably in this very manner. And, as discussed post, legislative history may support this interpretation as well.

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