What is the anti-SLAPP statute and what is the test for a motion to strike?

The anti-SLAPP statute, Code of Civil Procedure section 425.16 subdivision (b)(1),⁵ provides: "A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." As used in this section, an " 'act in furtherance of a person's right of petition or free speech . . . in connection with a public issue' " includes "any written or oral statement or writing made before a . . . judicial proceeding" or "made in connection with an issue under consideration or review by a . . . judicial body." ( 425.16, subd. (e); see also Birkner v. Lam (2007) 156 Cal.App.4th 275, 281 [the constitutional

Page 8