California, United States of America
The following excerpt is from Smith v. Adventist Health Sys./West, 10 Cal. Daily Op. Serv. 14, 377, 117 Cal.Rptr.3d 805, 190 Cal.App.4th 40, 2010 Daily Journal D.A.R. 1 (Cal. App. 2011):
A cause of action is subject to being stricken under the anti-SLAPP statute when two conditions are met. Stated in general terms, the cause of action must (1) arise from protected speech or petitioning and (2) lack even minimal merit. ( Navellier v. Sletten (2002) 29 Cal.4th 82, 89, 124 Cal.Rptr.2d 530, 52 P.3d 703.) Courts determine whether the two conditions have been met by using a two-step inquiry that involves shifting burdens.
Initially, the party filing the motion to strike has the burden of showing that the cause of action arises from a protected activitythat is, an act in furtherance of the right of petition or free speech. ( Zamos v. Stroud (2004) 32 Cal.4th 958, 965, 12 Cal.Rptr.3d 54, 87 P.3d 802.)
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