What is the gist of the cause of action in an anti-SLAPP action?

California, United States of America


The following excerpt is from Tripi v. Artists, B259541 (Cal. App. 2016):

cause of action, not the gist of the cause of action. [] Furthermore, while it is often said that the first prong of the anti-SLAPP analysis calls us to ascertain the 'gravamen' of the cause of action, for anti-SLAPP purposes this gravamen is defined by the acts on which liability is based, not some philosophical thrust or legal essence of the cause of action." (Id. at pp. 1189-1190; see also Tuszynska v. Cunningham, supra, 199 Cal.App.4th at pp. 268-269 [trial court erred by conflating defendants' motive in a discrimination case with the conduct itself].)

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