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/ ↗

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Arguably, a trial court’s determination that there was no probability of prevailing on protected activity might dissuade or preclude the plaintiff from thereafter using the protected activity as a basis for liability, even if the allegations were not actually struck. The problem, *1203however, is that, under the Mann rule, a trial court would not have to decide whether there was a probability of prevailing on protected activity once it found a probability of prevailing on unprotected activity.