What is the test for a cause of action under section 425.16 of the California Public Prosecutions Act?

California, United States of America


The following excerpt is from Damon v. Ocean Hills Journalism Club, 102 Cal.Rptr.2d 205, 85 Cal.App.4th 468 (Cal. App. 2000):

Section 425.16, subdivision (b)(1) states that the statute applies when the cause of action arises from "any act . . . in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue . . . ." (Italics added.) Section 425.16, subdivision (e) defines this italicized phrase as including four categories. The first two categories pertain to statements or writings made before, or in connection with, a "legislative, executive or judicial body, or any other official proceeding . . . ." ( 425.16, subd. (e)(1), (2).) The third category involves statements or writings made "in a place open to the public or in a public forum." ( 425.16, subd. (e)(3).) The fourth category includes "any other conduct in furtherance of" free speech or petition rights. ( 425.16, subd. (e)(4).) The latter two categories require a specific showing the action concerns a matter of public interest; the first two categories do not require this showing. (Briggs v. Eden Council For Hope & Opportunity (1999) 19 Cal.4th 1106, 1117-1118.)

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