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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In A.F. Brown Electrical Contractor, the court cited Mann for the proposition (relevant to the first prong) that defendants “need not prove that all of their acts alleged in a cause of action fall within the anti-SLAPP statute’s protection,” and (as to the second prong) the “plaintiff need only demonstrate the cause of action has some merit,” not merit on all theories within the cause of action. (A.F. Brown, supra, 137 Cal.App.4th at pp. 1124-1125.) The court found that the defendants failed to meet their burden on the first prong, so it did not have to consider whether the plaintiff demonstrated a probability of success, rendering its reference to Mann mere dictum. (A.F. Brown, at p. 1130.) In Platypus Wear, the court was concerned with whether the trial court had erred in permitting a defendant to file an anti-SLAPP motion after the statutory deadline. (Platypus Wear, supra, 166 Cal.App.4th at p. 780.) In rejecting the defendant’s argument that his tardy anti-SLAPP motion would give the trial court greater discretion to parse causes of action, the appellate court cited Mann for the proposition that an anti-SLAPP motion was not to be used for that purpose. (Platypus Wear, at p. 786.) Platypus Wear did not address the issue before us. Nor did A.F. Brown Electrical or Platypus Wear analyze Mann in light of the anti-SLAPP statute’s language, legislative history, or public policy, as we do here.

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