What is the test for a defendant to be successful in a civil case?
California, United States of America
The following excerpt is from Marien v. Kuczewski, D069836 (Cal. App. 2017):
Under the first step, the defendant has the initial burden to show that the claims arose from his or her protected activity. (Equilon, supra, 29 Cal.4th at p. 67.) In deciding whether the defendant has met that burden, a court considers "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." (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 78, italics
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