Is a cause of action arising from protected activity within the meaning of section 425.16?

California, United States of America


The following excerpt is from Saulie v. Paradise Rest. & Bar, Inc., B252782 (Cal. App. 2015):

A cause of action arises from protected activity within the meaning of section 425.16 if the conduct of the defendant on which the cause of action is based was an act in furtherance of the defendant's right of petition or free speech. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78 ["statutory phrase 'cause of action . . . arising from' means simply that 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"]; Navellier v. Sletten (2002) 29 Cal.4th 82, 89 ["critical consideration is whether the cause of action is based on the defendant's protected free speech or petitioning activity"].) Section 425.16, describes four categories of conduct that constitute protected activity: "(1) any written or oral statement or writing made before a legislative, executive, or judicial proceeding, or any other official proceeding authorized by law; (2) any written or oral statement or writing made in connection with an issue under consideration or review by a legislative, executive, or judicial body, or any other official proceeding authorized by law; (3) any written or oral statement or writing made in a place open to the public or a public forum in connection with an issue of public interest; (4) or any other conduct in furtherance of the exercise of the constitutional right of petition or the constitutional right of free speech in connection with a public issue or an issue of public interest." ( 425.16, subd. (e).)

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