What is the burden of proving that a defendant has met the anti-SLAPP provisions of Section 10 of the California Anti-SLAP Act?

California, United States of America


The following excerpt is from Righeimer v. Costa Mesa Police Ass'n, G050188 (Cal. App. 2016):

If a defendant satisfies the first prong, the burden shifts to the plaintiff to establish a probability of prevailing on the claim by "'"demonstrat[ing] that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited."'" (Navellier v. Sletten (2002) 29 Cal.4th 82, 88-89.) "Only a cause of action that satisfies

Page 10

both prongs of the anti-SLAPP statute" is "subject to being stricken under the statute." (Id. at p. 89.)

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