California, United States of America
The following excerpt is from Optimiscorp v. Zilberman, B256442 (Cal. App. 2015):
The test for analyzing an anti-SLAPP motion is well established. "In ruling on an anti-SLAPP motion, the trial court conducts a two-part analysis: The moving party bears the initial burden of establishing a prima facie case that the plaintiff's cause of action arises from the defendant's free speech or petition activity, as defined in the anti-SLAPP statute. [Citations.] If the moving party meets its burden, the burden shifts to the plaintiff to establish a probability that he or she will prevail on the merits." (Anderson v. Geist (2015) 236 Cal.App.4th 79, 84.) The second step is necessary only if the defendant satisfies its burden on the first step. (Id. at p. 85.)
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