What is the burden of defeating an anti-SLAPP motion?
California, United States of America
The following excerpt is from Cannon v. Bettinger, B240443 (Cal. App. 2014):
Because appellant's causes of action are subject to the anti-SLAPP statute, the burden shifted to her to show, through competent, admissible evidence, a probability of success on the merits of her claims in order to defeat respondents' anti-SLAPP motion. (Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1496-1498.) She could not, and cannot, do so for the same reasons outlined in Cannon Iher claims are time-barred.4 (Cannon I, supra, B205710, at pp. 6-13.)
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