What is the burden on the first step of the anti-SLAPP analysis?

California, United States of America


The following excerpt is from People Organized for Westside Renewal v. Lance Jay Robbins Paloma P'ship, B295756 (Cal. App. 2019):

The defendant bears the burden on the first step of the anti-SLAPP analysis "to identify the activity each challenged claim rests on and demonstrate that that activity is protected by the anti-SLAPP statute. A 'claim may be struck only if the speech or petitioning activity itself is the wrong complained of, and not just evidence of liability or a step leading to some different act for which liability is asserted.' [Citation.] To determine whether a claim arises from protected activity, courts must 'consider the elements of the challenged claim and what actions by the defendant supply those elements and consequently form the basis for liability.' [Citation.]" (Wilson v. Cable News Network, Inc. (2019) 7 Cal.5th 871, 884.) Where a plaintiff could omit allegations regarding protected conduct and still state the same claims, the first prong is not met. (Park, supra, 2 Cal.5th at p. 1068.)

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