What is the test for a motion to strike a cause of action against a person?

California, United States of America


The following excerpt is from Copenbarger v. Evangelism, 156 Cal.Rptr.3d 70, 215 Cal.App.4th 1237 (Cal. App. 2013):

Section 425.16 provides for a special motion to strike [a] cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue. ( 425.16, subd. (b)(1).) ( Cabrera v. Alam (2011) 197 Cal.App.4th 1077, 1085, 129 Cal.Rptr.3d 74.)

Other Questions


In a personal injury action brought by a former wife against her ex-partner in a civil action, in addition to a similar action against the husband in a separate action, can the court order return to husband in the civil action? (California, United States of America)
What is the test for a motion to strike a cause of action against a person in furtherance of their right of petition or free speech? (California, United States of America)
Can a motion to strike plaintiff's "complaint" and all causes of action contained therein be considered an anti-SLAPP motion? (California, United States of America)
In what circumstances will the court grant a motion to reconsider an order granting a defendant's motion to strike a cause of action? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
Does a motion to strike on an anti-SLAPP motion have to strike? (California, United States of America)
What causes of action are subject to a special motion to strike under the anti-SLAPP statute? (California, United States of America)
What is the test for a plaintiff to bring a personal injury action under a statutory change in the law governing personal injury actions? (California, United States of America)
What is the test for a motion to strike a cause of action arising from constitutionally protected speech or petitioning activity? (California, United States of America)
What causes of action can a plaintiff bring in a common law cause of action for emotional distress and wrongful discharge? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.