What is the test for a motion to strike de novo under the anti-SLAPP statute?

California, United States of America


The following excerpt is from Corzac, Inc. v. City of S.F., A135767 (Cal. App. 2013):

the claim.' [Citation.]" (Oasis West Realty, LLC v. Goldman (2011) 51 Cal.4th 811, 819-820 [Oasis West].) Only a cause of action that arises from protected speech or petitioning and lacks even minimal merit is subject to being stricken under the anti-SLAPP statute. (Id. at p. 820.)

We review an order granting or denying an anti-SLAPP motion to strike de novo. (Oasis West, supra, 51 Cal.4th at p. 820.) "In considering the pleadings and supporting and opposing declarations, we do not make credibility determinations or compare the weight of the evidence. Instead, we accept the opposing party's evidence as true and evaluate the moving party's evidence only to determine if it has defeated the opposing party's evidence as a matter of law. [Citation.]" (Albanese v. Menounos (2013) 218 Cal.App.4th 923, 928-929.)

Other Questions


Does a motion to strike on an anti-SLAPP motion have to strike? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Can a board of a county retirement system make a motion to strike under the anti-SLAPP statute? (California, United States of America)
What is the basis for a motion to reverse the denial of defendant's motion to strike a prior serious or violent felony conviction under section 1385? (California, United States of America)
In what circumstances will the trial court deny defendant's motion to strike a prior conviction under the Three Strikes Act? (California, United States of America)
How have courts dealt with a motion to strike under the anti-SLAPP statute? (California, United States of America)
What remedy does the anti-SLAPP statute give to a motion to strike a cause of action? (California, United States of America)
On a motion to strike from the criminal record of a defendant who was convicted of sexual assault, can the motion be struck from a criminal record? (California, United States of America)
In a motion to dismiss one or both of appellant's prior strike convictions, can appellant appeal against the finding that the trial court abused its discretion in denying the motion? (California, United States of America)
Is a motion to strike striking the allegations under which the District Attorney sought statewide monetary relief? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.