What is the test for determining whether a defendant has committed a crime under section 425.16 of the California Civil Code?
California, United States of America
The following excerpt is from Early v. Owings, E060918 (Cal. App. 2015):
In step one, "[o]ur focus is on the principal thrust or gravamen of the causes of action, i.e., the allegedly wrongful and injury-producing conduct that provides the foundation for the claims," and whether defendant has demonstrated that the conduct falls under one of the protected activities enumerated in section 425.16, subdivision (e). (Castleman v. Sagaser (2013) 216 Cal.App.4th 481, 490-491; see City of Cotati v.
Page 11
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Can a defendant be found to have committed a single physical act for purposes of section 654 of the California Criminal Code, Section 215 of the Code of Civil Procedure, Section 422 of the Criminal Code for carjacking? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does a Defendant who commits an assault with a firearm under section 245, subdivision (a)(1) of the California Criminal Code commit assault with the deadly weapon under Section 245 of the Civil Code? (California, United States of America)
Can a defendant be convicted of a lesser included crime of the same crime under both sections of the California Penal Code and Section 654 of the Penal Code? (California, United States of America)
What is the test for Section 654 of the California Criminal Code when a defendant is found guilty of a breach of section 654 or section 744 of the Code of Civil Procedure? (California, United States of America)
How has section 654 of the California Code of Civil Procedure been interpreted for purposes of determining whether a defendant can be convicted of administering alcohol with intent to commit a lewd or lascivious act with a minor? (California, United States of America)
How have courts interpreted section 830.6(1) of the California Highway Code of Civil Procedure when determining whether a defendant is immune from liability under the California Motor Vehicle Act? (California, United States of America)
Can a defendant who commits the crime of grand theft auto in violation of section 487, subdivision (d) of section 666.5 of the California Criminal Code, be convicted of the crime? (California, United States of America)
Does section 654 of the California Criminal Code apply to a defendant who has committed a crime before the crime has been committed? (California, United States of America)
Does Section 1054(1) of the California Civil Code of Civil Procedure, section 1054 et. seq. and section 854 of the Criminal Code, allow defense counsel to conduct their investigation and prepare for trial? (California, United States of America)
