What is the test for a cause of action arising from an anti-SLAPP action?

California, United States of America


The following excerpt is from Gottlieb v. Kest, B203710 (Cal. App. 12/22/2008), B203710 (Cal. App. 2008):

"[T]he statutory phrase `cause of action . . . arising from' means simply that the defendant's act underlying the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech. . . . In the anti-SLAPP context, the critical point is whether the plaintiff's cause of action itself was based on an act in furtherance of the defendant's right of petition or free speech. . . . `A defendant meets this burden by demonstrating that the act underlying the plaintiff's cause fits one of the categories spelled out in section 425.16, subdivision (e) . . . .'" (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78, citations omitted.)

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