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/ ↗

Full Text

1,201 chars

For this reason, the legislative history is consistent with the interpretation that “cause of action” and “claim” in section 425.16, subdivision (b)(1) both refer to the specific allegations of protected activity that the plaintiff contends could give rise to liability. From this it would follow that, in establishing a probability of prevailing on “the claim,” the plaintiff must show such a probability as to the assertion of liability based on protected activity, and if the plaintiff *1201fails in this regard, the protected activity would be stricken as the basis of liability. (See also State and Consumer Services Agency, Analysis of Sen. Bill No. 1264 (1991-1992 Reg. Sess.) Aug. 25, 1992, p. 1 [“This bill states that a claim against a person arising out of his or her exercise of a constitutional right of petition or free speech ‘in connection with a public issue shall be subject to a special motion to strike’ unless the court determines that the plaintiff has established that there is a ‘probability’ that the plaintiff will prevail on the claim.” (italics added)]; id. at p. 3 [the bill “gives the defendant the right to file a ‘special motion to strike’ the claim” (italics added)].)

Other Sections in This Document (190)

Full Text