What is the burden of proving that a defendant has a right of petition or free speech?

California, United States of America


The following excerpt is from Gross v. Judge, G047549 (Cal. App. 2013):

defendant's right of petition or free speech. [Citations.] 'A defendant meets this burden by demonstrating that the act underlying the plaintiff's 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 (City of Cotati).)

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