What is the test for an anti-SLAPP motion?

California, United States of America


The following excerpt is from O&C Creditors Grp., LLC v. Stephens & Stephens XII, LLC, 255 Cal.Rptr.3d 596, 42 Cal.App.5th 546 (Cal. App. 2019):

"To satisfy the second prongthe probability of prevailingthe plaintiff must demonstrate that the complaint is legally sufficient and supported by a prima facie showing of facts to support a favorable judgment if the evidence submitted by the plaintiff is accepted. The trial court considers the pleadings and evidentiary submissions of both the plaintiff and the defendant. Although "the court does not weigh the credibility or comparative probative strength of competing evidence, it should grant the motion if, as a matter of law, the defendants evidence supporting the motion defeats the plaintiffs attempt to establish evidentiary support for the claim." " ( Kenne v. Stennis (2014) 230 Cal.App.4th 953, 962963, 179 Cal.Rptr.3d 198.) The party defending against an anti-SLAPP

[255 Cal.Rptr.3d 620]

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