What is the test for an anti-SLAPP motion?

California, United States of America


The following excerpt is from Precise Aerospace Mfg., Inc. v. Cantu, E073696 (Cal. App. 2020):

"A court evaluates an anti-SLAPP motion in two steps. 'Initially, the moving defendant bears the burden of establishing that the challenged allegations or claims "aris[e] from" protected activity in which the defendant has engaged. [Citations.] If the defendant carries its burden, the plaintiff must then demonstrate its claims have at least "minimal merit."' [Citation.] If the plaintiff fails to meet that burden, the court will strike the claim." (Wilson v. Cable News Network, Inc., supra, 7 Cal.5th at p. 884.)

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