California, United States of America
The following excerpt is from Carter v. Fisher, E053222 (Cal. App. 2012):
"'[A]lthough litigation may not have commenced, if a statement "concern[s] the subject of the dispute" and is made "in anticipation of litigation 'contemplated in good faith and under serious consideration'" [citation] then the statement may be petitioning activity protected by section 425.16.' [Citation.]" (Bailey v. Brewer (2011) 197 Cal.App.4th 781, 789-790.) Most anti-SLAPP cases involving prelitigation communications "concern demand letters or other statements to adverse parties or potential adverse parties." (Neville v. Chudacoff (2008) 160 Cal.App.4th 1255, 1270.)
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