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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According to the concurring and dissenting opinion, the court in Taus looked at the probability of prevailing only as to the four grounds of liability at issue, rather than as to other claims in the same causes of action, because the striking of only those four grounds of liability were before the court. Taus cannot be disregarded so easily. In deciding whether those grounds of liability—which comprised part of their respective causes of action—should have been stricken under the anti-SLAPP statute, the obvious threshold question is whether part of a cause of action can be stricken under the anti-SLAPP statute. Taus necessarily assumed it can. Indeed, the fact that the issue in Taus was framed for review in terms of whether independent bases of liability should be dismissed, rather than entire causes of action, underscores that assumption. While Taus did not make this assumption an explicit holding of the case, it reflects an analysis that we believe is better geared to rendering just and efficient results in keeping with the language and intent of the statute.

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