Can a cross-defendant bring a cause of action based upon speech protected under section 425 of the California Public Prosecutions Act?

"We independently determine whether a cause of action is based upon activity protected under the statute, and if so, whether the plaintiff has established a reasonable probability of prevailing. [Citation.]" (Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1056.)

A cross-defendant can show claims relate to acts in furtherance of his right of petition or free speech in connection with a public issue "'"by demonstrating that the act underlying the [cross-]plaintiffs cause fits one of the categories spelled out in section 425.16, subdivision (e) . . . ."' [Citations.]" (Bleavins v. Demarest (2011) 196 Cal.App.4th 1533, 1539-1540.) Section 425.16, subdivision (e), defines an "act in furtherance of a person's right of petition or free speech . . . in connection with a public issue" as including "any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law." (See also Birkner v. Lam (2007) 156

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