What causes of action are subject to a special motion to strike under the anti-SLAPP statute?

California, United States of America


The following excerpt is from Blue v. Cal. Office of the Inspector Gen., 23 Cal.App.5th 138, 232 Cal.Rptr.3d 590 (Cal. App. 2018):

Only those causes of action "arising from any act ... in furtherance of the ... right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue" are "subject to a special motion to strike" under the anti-SLAPP statute. ( 425.16, subd. (b)(1).) "[T]he statutory phrase cause of action ... arising from means simply that the defendants act underlying the plaintiffs cause of action must itself have been an act in furtherance of the right of petition or free speech. [Citation.] In the anti-SLAPP context, the critical point is whether the plaintiffs cause of action itself was based on an act in furtherance of the defendants right of petition or free speech. [Citations.] A defendant meets this burden by demonstrating that the act underlying the plaintiffs cause fits one of the categories spelled out in section 425.16, subdivision (e).... [Citations.]" ( City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78-79, 124 Cal.Rptr.2d 519, 52 P.3d 695, italics omitted.)

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