What is the test for a plaintiff to bring a claim under the California Civil Code of Civil Procedure?

California, United States of America


The following excerpt is from Garach v. Cusa PCSTC, LLC, G048857 (Cal. App. 2014):

The statute requires a court to engage in a two-step process: "'First, the court decides whether the defendant has made a threshold showing that the challenged cause of action is one arising from protected [petitioning or speech] activity . . . . If the court finds such a showing has been made, it then determines whether the plaintiff has demonstrated a probability of prevailing on the claim.' [Citations.]" (Wong v. Jing (2010) 189 Cal.App.4th 1354, 1360.) "Only when a defendant shows that a cause of

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