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 majority correctly summarizes the procedural background of Oasis but questions the applicability of the decision to a mixed cause of action, because “Oasis apparently did not involve a mixed cause of action.” (Maj. opn., ante, at p. 1211.) Nevertheless, because the majority finds “no suggestion in Oasis that our Supreme Court would not also approve of Mann in the context of a mixed cause of action,” it appropriately “follow[s] the rule pronounced by our Supreme Court.” (Maj. opn., ante, at p. 1212.) In my view, the premise for the majority’s concern is flawed. While the majority states that *1219“Oasis apparently did not involve a mixed cause of action” our Supreme Court did not reach that conclusion. The Oasis court declined to conduct a first-prong anti-SLAPP statute analysis and therefore we have no way of knowing whether any of the causes of action at issue in that case could be characterized as mixed.

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