In what circumstances will a motion for an anti-SLAPP motion be dismissed as hearsay?

However, statutes allowing consideration of some statements in resolving pretrial motions provide an exception to the hearsay rule for purposes of the motion. (See Elkins v. Superior Court (2007) 41 Cal.4th 1337, 1355, 63 Cal.Rptr.3d 483, 163 P.3d 160 ; 2009.) Elkins emphasized that "[a]lthough affidavits or declarations are authorized in certain motion matters under Code of Civil Procedure section 2009, this statute does not authorize their admission at a contested trial leading to judgment." ( Elkins , at p. 1355, 63 Cal.Rptr.3d 483, 163 P.3d 160.) Although affidavits and declarations constitute hearsay when offered for the truth of their content, section 425.16, subdivision (b)(2) permits their consideration in ruling on a pretrial anti-SLAPP motion. In connection with the form of the declaration, then, defendants' hearsay objection fails. These declarations may be considered, not because they satisfy some other hearsay exception, but because they qualify as declarations or their equivalent under section 2015.5, and can be considered under section 425.16.

[243 Cal.Rptr.3d 887]