What is the test for denying an anti-SLAPP motion?

California, United States of America


The following excerpt is from Emergency Servs. Restoration, Inc. v. Kirk, B260563 (Cal. App. 2016):

In connection with an anti-SLAPP motion, there is a two-prong analysis. The first prong focuses on whether the targeted cause of action arises from acts in furtherance of the right of free speech or petition within the protection of the anti-SLAPP statute. The second prong focuses on whether the plaintiff has demonstrated a probability of prevailing on the merits. The denial of an anti-SLAPP motion is reviewed de novo. (Lam v. Ngo (2001) 91 Cal.App.4th 832, 845.)

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