Does the anti-SLAPP statute allow excising allegations in a mixed cause of action?

California, United States of America


The following excerpt is from Baral v. Schnitt, B253620 (Cal. App. 2017):

that the courts of appeal differed regarding whether the anti-SLAPP statute authorized excising allegations in mixed causes of action, where the plaintiff has demonstrated a prima facie cause of prevailing on the other, unprotected parts of the mixed causes of action. We joined " 'those cases holding that, if the nonmoving party [Baral] demonstrates a prima facie case of prevailing on any part of a mixed cause of action, the anti-SLAPP motion fails,' " and that an anti-SLAPP motion, to be successful, must be brought against a mixed cause of action in its entirety. (Baral v. Schnitt, supra, 1 Cal.5th at p. 388.)

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