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


The following excerpt is from Linde Law Firm v. Americana at Brand, LLC, B303141 (Cal. App. 2020):

Park further reasoned: "A claim arises from protected activity when that activity underlies or forms the basis for the claim. [Citations.] Critically, 'the defendant's act underlying the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech.' [Citations.] '[T]he mere fact that an action was filed after protected activity took place does not mean the action arose from that activity for the purposes of the anti-SLAPP statute.' [Citations.] Instead, the focus is on determining what 'the defendant's activity [is] that gives rise to his or her asserted liabilityand whether that activity constitutes protected speech or petitioning.' [Citation.] . . . In short, in ruling on an anti-SLAPP motion, courts should consider the elements of the challenged claim and what actions by the defendant supply those elements and consequently form the basis for liability." (Park, supra, 2 Cal.5th at pp. 1062-1063; see also City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78 ["That a cause of action arguably may have been triggered by protected activity does not entail that it is one arising from such."].)

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