What is the test for an affirmative defense in an anti-SLAPP motion?

California, United States of America


The following excerpt is from Lopez v. Lopez, B287383 (Cal. App. 2019):

supra, 13 Cal.3d at p. 54.) "When evaluating an affirmative defense in connection with the second prong of the analysis of an anti-SLAPP motion, the court, following the summary-judgment-like rubric, generally should consider whether the defendant's evidence in support of an affirmative defense is sufficient, and if so, whether the plaintiff has introduced contrary evidence, which, if accepted, would negate the defense." (Bently Reserve LP v. Papaliolios (2013) 218 Cal.App.4th 418, 434.)

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