What is the test for a motion to strike under section 425.16 of the California Civil Rights Act?

governmental action." (Ludwig v. Superior Court (1995) 37 Cal.App.4th 8, 14.) The statute provides that "[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 shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim." ( 425.16, subd. (b)(1).)

For a cause of action to be subject to a motion to strike under section 425.16, the defendant must make a threshold showing that the cause of action against the defendant is one "arising from any act of that [defendant] in furtherance of the [defendant's] right of petition or free speech . . . ." ( 425.16, subd. (b)(1).) If the cause of action does not meet this threshold criterion, it is not subject to a motion to strike and the court never reaches the issue of whether the plaintiff can show a probability of success on the merits. (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 76, 80-81 (City of Cotati ).)