California, United States of America
The following excerpt is from Overhill Farms Inc. v. Lopez, 110 Fair Empl.Prac.Cas. 1460, 119 Cal.Rptr.3d 127, 160 Lab.Cas. P 61, 190 Cal.App.4th 1248 (Cal. App. 2011):
We independently review the trial court's order denying an anti-SLAPP motion de novo. ( Flatley v. Mauro (2006) 39 Cal.4th 299, 325-326, 46 Cal.Rptr.3d 606, 139 P.3d 2.) " 'We consider "the pleadings, and supporting and opposing affidavits ... upon which the liability or defense is based." [Citation.] However, we neither "weigh credibility [nor] compare the weight of the evidence. Rather, [we] accept as true the evidence favorable to the plaintiff [citation] and evaluate the defendant's evidence only to determine if it has defeated that submitted by the plaintiff as a matter of law." [Citation.]' [Citation.]" ( Id. at p. 326, 46 Cal.Rptr.3d 606, 139 P.3d 2.) We further observe that the anti-SLAPP statute is to be broadly construed. ( 425.16, subd. (a).)
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