What is the test for a motion to strike under the anti-SLAPP statute?
California, United States of America
The following excerpt is from Pasternack v. McCullough, B272097 (Cal. App. 2018):
Consideration of a special motion to strike under the anti-SLAPP statute involves a two-step process. First, the defendant must make a threshold showing that the challenged cause of action is one arising from protected activity. ( 425.16, subd. (b)(1).) If that showing is made, the burden shifts to the plaintiff to demonstrate a probability of prevailing on his claim. (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.)
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