What is the test for a motion to evict a person who is not a party to the action?

California, United States of America


The following excerpt is from Trinity Risk Mgmt., LLC v. Simplified Labor Staffing Solutions, Inc., 273 Cal.Rptr.3d 831, 59 Cal.App.5th 995 (Cal. App. 2021):

a two-prong test: (1) has the moving party "made a threshold showing that the challenged cause of action arises from protected activity" ( Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056, 39 Cal.Rptr.3d 516, 128 P.3d 713 ( Rusheen )); and, if it has, (2) has the non-moving party demonstrated that the challenged cause of action has " minimal merit " by making "a prima facie factual showing sufficient to sustain" a judgment in its

[59 Cal.App.5th 1004]

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