What is the test for an anti-SLAPP motion?
California, United States of America
The following excerpt is from Shamam v. Lee, B222642, No. SC105242 (Cal. App. 2011):
A strategic lawsuit against public participation (SLAPP) "seeks to chill or punish a party's exercise of constitutional rights to free speech and to petition the government for redress of grievances." (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1055 (Rusheen).) A court must undertake a two-step process in evaluating an anti-SLAPP motion. First, the court must determine "whether the defendant has made a threshold showing that the challenged cause of action arises from protected activity.... If the court finds the defendant has made the threshold showing, it determines then whether the plaintiff has
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