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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The Mann court relied on this fact when determining how the anti-SLAPP statute should be applied to a cause of action that includes allegations of both protected and unprotected conduct. The court noted that section 425.16 was “enacted ... to address problems created by meritless lawsuits” and that a cause of action may be stricken under the anti-SLAPP statute only if it “lacks even minimal merit.” (Mann, supra, 120 Cal.App.4th at p. 106.) Therefore, the court reasoned that when “a cause of action refers to both protected and unprotected activity and a plaintiff can show a probability of prevailing on any part of its claim, the cause of action is not meritless and will not be subject to the anti-SLAPP procedure.” (Ibid.)

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