On remand, what is the burden on the second prong of the anti-SLAPP legislation?

California, United States of America


The following excerpt is from Ranch v. Castaldi, F065144, F065570 (Cal. App. 2014):

On remand, the court shall determine whether the plaintiffs carried their burden on the second prong with respect to the fifth, sixth, ninth, tenth and eleventh causes of action.16 If the trial court determines that only "a portion of a cause of action ... falls within anti-SLAPP protections," it may strike only the offending portion of the claim and allow the remainder of the cause of action to proceed to trial. (See City of Colton v. Singletary, supra, 206 Cal.App.4th at p. 774; see generally Cho v. Chang (2013) 219 Cal.App.4th 521.)17

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