What is the burden of proving that a tenant met his burden of demonstrating that he met his probability of prevailing on a claim under section 425.16?

California, United States of America


The following excerpt is from Aron v. WIB Holdings, 21 Cal.App.5th 1069, 231 Cal.Rptr.3d 1 (Cal. App. 2018):

Because the trial court correctly determined that tenant's claims against defendants arose from conduct that is protected under section 425.16, we address tenant's arguments as to whether he met his burden of "demonstrat[ing] a probability of prevailing on the claim[s]." ( Equilon Enterprises v. Consumer Cause, Inc . (2002) 29 Cal.4th 53, 67, 124 Cal.Rptr.2d 507, 52 P.3d 685.) To satisfy this burden, "the plaintiff must state[ ] and substantiate[ ] a legally sufficient claim. [Citation.] Put another way, the plaintiff "must demonstrate 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." [Citation.]" (

[21 Cal.App.5th 1085]

Other Questions


What is the burden of proving that plaintiffs had the burden to prove allocation of the premiums? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What steps have been used to determine whether a plaintiff has demonstrated a probability of prevailing on a claim? (California, United States of America)
What is the burden of proving a probability of prevailing on a cause of action? (California, United States of America)
When a defendant claims that he was denied effective assistance of counsel, does he have to carry his burden of proving prejudice as a "demonstrable reality"? (California, United States of America)
Does a defendant who failed to raise a section 654 claim at sentencing forfeit the claim on appeal? (California, United States of America)
What is the burden of proving an individual's claim of economic losses against a defendant? (California, United States of America)
What is the effect of using section 654 rather than section 667.6 of the California Criminal Code when rejecting a defendant's claim that three criminal offences arose from the same incident? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
If two groups are not similarly situated under section 243.1 and section 243(c) of the California Civil Code, can one group make an equal protection claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.