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

California, United States of America


The following excerpt is from Ghadimian v. Bedass, B269175 (Cal. App. 2017):

We review de novo an order granting or denying a motion to strike under the anti-SLAPP statute. (Flatley v. Mauro (2006) 39 Cal.4th 299, 325.) We consider "the pleadings, and supporting and opposing affidavits upon which the liability or defense is based." ( 425.16, subd. (b)(2).) However, we neither "'"weigh credibility [nor] compare the weight of the evidence. Rather, [we] accept as true the evidence favorable to the plaintiff [citation] and evaluate the defendant's evidence only to determine if it has defeated that submitted by the plaintiff as a matter of law."'" (Flatley v. Mauro, at p. 326.)

Page 6

We further observe that the anti-SLAPP statute is to be broadly construed. ( 425.16, subd. (a).)

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)
Does Section 425.16 of the California Anti-SLAPP Act allow a defendant to request a motion to strike a motion against a plaintiff's petition? (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)
How have courts dealt with a motion to strike under the anti-SLAPP statute? (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 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.