Does a claim arise from a constitutionally protected activity?
California, United States of America
The following excerpt is from EarthRenew, Inc. v. Crop Prod. Servs., Inc., F059906 (Cal. App. 2012):
A claim does not arise from constitutionally protected activity simply because it is triggered by such activity or is filed after it occurs. (City of Cotati v. Cashman, supra, 29 Cal.4th at pp. 76-78.) "[T]he critical point is whether the plaintiff's cause of action itself was based on an act in furtherance of the defendant's right of petition or free speech.
Page 15
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
What is the test for determining whether a claim or claim arising from a motor vehicle accident is a claim for damages arising from an accident? (California, United States of America)
Does a claim arise from protected activity when that activity underlies or forms the basis for the anti-SLAPP statute? (California, United States of America)
What is the test for a defendant to prove that a plaintiff's retaliation claim arises from protected activity? (California, United States of America)
In what circumstances will a federal equal protection claim be successful against a state constitutional claim? (California, United States of America)
Can a defendant bring a special motion to strike a cause of action arising from constitutionally protected speech or petitioning activity? (California, United States of America)
Is a claim of malicious prosecution a cause of action arising from protected activity? (California, United States of America)
What constitutes a cause of action "arising from" protected activity? (California, United States of America)
What is the test for a motion to strike a cause of action arising from constitutionally protected speech or petitioning activity? (California, United States of America)
Does section 425.16 of the California Anti-SLAPP Act protect activity that is not in furtherance of constitutionally protected speech or petition? (California, United States of America)
What is the test for determining whether a plaintiff has a claim for damages arising from protected activity? (California, United States of America)
