What is the critical consideration under the anti-SLAPP analysis?

The critical consideration under the first part of the anti-SLAPP analysis is whether the cause of action is based on the defendant's protected free speech or petitioning activity. ( Navellier v. Sletten (2002) 29 Cal.4th 82, 89, 124 Cal.Rptr.2d 530, 52 P.3d 703.) The anti-SLAPP statute's definitional focus is not the form of the plaintiff's cause of action but, rather, the defendant's activity that gives rise to his or her asserted liabilityand whether that activity constitutes protected speech or petitioning. ( Id. at p. 92, 124 Cal.Rptr.2d 530, 52 P.3d 703.) In deciding whether the arising from requirement is met, a court considers the pleadings, and supporting and opposing affidavits stating the

[215 Cal.App.4th 1245]