What is the test for an act in furtherance of a person's right of speech in connection with a public issue?

California, United States of America


The following excerpt is from Freisleben v. Riper, G042825, Super. Ct. No. 30-2009-00121019 (Cal. App. 2011):

An "'act in furtherance of a person's right of... free speech under the United States or the California Constitution in connection with a public issue' includes: (1) any written or oral statement or writing made before a... judicial proceeding..., [and] (2) any written or oral statement or writing made in connection with an issue under consideration or review by a... judicial body...." ( 425.16, subd. (e)(1), (2).) "'A defendant meets [its initial] burden by demonstrating that the act underlying the plaintiff's cause fits one of the[se] categories....'" (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.)

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