Is an act in furtherance of a person's right of petition or free speech a cause of action arising from protected activity?

California, United States of America


The following excerpt is from Sacks v. Booker, B228258 (Cal. App. 2011):

Section 425.16 defines an "'act in furtherance of a person's right of petition or free speech'" to include "any written or oral statement or writing made before a . . . judicial proceeding, or any other official proceeding authorized by law." ( 425.16, subd. (e)(1).) The plain language of the statute thus "dictates that every claim of malicious prosecution is a cause of action arising from protected activity because every such claim necessarily depends upon written and oral statements in a prior judicial proceeding." (Daniels v. Robbins (2010) 182 Cal.App.4th 204, 215.)

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