Is Respondent's petition against appellant a mixed protected and non-protected petition?

California, United States of America


The following excerpt is from Emerson v. Powers, 2d Civil No. B269529 (Cal. App. 2016):

Furthermore, notwithstanding appellant's argument to the contrary, respondent's petition is not based on mixed protected and non-protected activity. (See Baral v. Schnitt (2016) 1 Cal.5th 376, 392 ["But when the defendant seeks to strike particular claims supported by allegations of protected activity that appear alongside other claims within a single cause of action, the motion cannot be defeated by showing a likelihood of success on the claims arising from unprotected activity"].) The petition arises entirely from appellant's unprotected activities.

Other Questions


How have appellate courts dealt with a request for judicial notice of a motion seeking attorney fees and costs against Respondent to Respondent's request for an anti-SLAPP motion? (California, United States of America)
What evidence exists to support appellant's claim of self-defense in a case where appellant's father is accused of striking appellant's mother in the head with a baseball bat? (California, United States of America)
What effectual relief can appellant seek even if we address whether appellant was entitled to discovery in connection with respondent's attorney fees motion? (California, United States of America)
When a petition names a court as the respondent, does the petitioner have to disclose the name of the Respondent? (California, United States of America)
Is an appeal moot when, through no fault of the appellant, an event occurs which makes it impossible for the reviewing court to provide any effective relief to the appellant even when ruling in the appellant's favor? (California, United States of America)
What is the test for a motion to recover costs from Respondent Respondent to Respondent in a personal injury case? (California, United States of America)
Does appellant have to provide a satisfactory explanation from appellant's counsel for his conduct toward appellant? (California, United States of America)
Does section 425.16 of the California Anti-SLAPP Act protect activity that is not in furtherance of constitutionally protected speech or petition? (California, United States of America)
When a respondent has not filed a respondents' brief in an appeal, can the court order that the respondent must file his or her own brief? (California, United States of America)
After reviewing the record of a motion brought by appellant in the Superior Court of Appeal against the appellant, what is the appellant's request for an independent review of the record? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.