Does a trial court erred in failing to reach the second prong of the anti-SLAPP analysis?

California, United States of America

The following excerpt is from Righeimer v. Costa Mesa Police Ass'n, G050188 (Cal. App. 2016):

Thus, the trial court erred in failing to reach the second prong of the anti-SLAPP analysis. In some cases, appellate courts have nonetheless proceeded to decide in the first instance whether the plaintiff met its burden of establishing a probability of prevailing on the claims. But "[t]he majority of appellate courts . . . have declined to do so either because contested evidentiary issues existed or simply because it was appropriate for the trial court to decide the issue first." (Collier v. Harris (2015) 240 Cal.App.4th 41, 58 [listing cases].)

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Does a trial court erred in failing to reach the second prong of the anti-SLAPP analysis?

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