How does a plaintiff respond to an anti-SLAPP motion?

California, United States of America


The following excerpt is from Trufant v. City of S.F., A140278, A140352 (Cal. App. 2017):

to establish a probability of prevailing on the claim ( 425.16, subd. (b)(1)), a plaintiff responding to an anti-SLAPP motion must " 'state[] and substantiate[] a legally sufficient claim.' " [Citations.] Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." ' " (Taus v. Loftus (2007) 40 Cal.4th 683, 713-714.)

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