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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When the Legislature enacted section 425.16, it sharpened its focus somewhat by applying the statute not just to SLAPP suits, but to causes of action that can be characterized as SLAPP’s. This is demonstrated by the wording of the statute itself; “A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike . . . .” (§ 425.16, subd. (b)(1).) But in my view, whether the challenge is to a SLAPP suit or a SLAPP cause of action, the essential characteristic of a SLAPP remains the same; it is meritless.

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