What is the test for a defendant to be found guilty of a breach of section 425.16 of the California Code of Civil Procedure?

California, United States of America


The following excerpt is from Ultrra v. Abovegem, H046325 (Cal. App. 2020):

A defendant satisfies the "arising from" requirement " 'by demonstrating that the act underlying the plaintiff's cause fits one of the categories [of protected activity] spelled out in section 425.16, subdivision (e)'. . . ." ( 425.16, subd. (b)(1); Navellier v. Sletten (2002) 29 Cal.4th 82, 88.) These categories include "any written . . . statement or writing made in connection with an issue under consideration or review by a . . . judicial body . . . ." ( 425.16, subd. (e)(2).)

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