What is the test for determining whether a plaintiff has a cause of action under section 425.16 of the California Civil Code?

California, United States of America


The following excerpt is from Nuscience Corp. v. Abraham, B264334 (Cal. App. 2017):

underlying the plaintiff's cause fits one of the categories spelled out in section 425.16, subdivision (e).' [Citation.] If the court finds that such a showing has been made, it must then determine whether the plaintiff has demonstrated a probability of prevailing on the claim. [Citations.]" (Navellier v. Sletten (2002) 29 Cal.4th 82, 88.)

Other Questions


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)
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 2924 of the California Civil Code, section 47 of the Code of Civil Procedure, grant privileged communications to a plaintiff in a nonjudicial foreclosure proceeding? (California, United States of America)
What is the test for determining whether the California Civil Code of Civil Procedure applies to plaintiffs action? (California, United States of America)
Can a defendant in a civil action be found to have breached section 425.16, subdivision (e) of the California Civil Code of Civil Procedure Act? (California, United States of America)
What is the test to determine whether a corporate officer, director, and stockholder or employee is liable to a third party for breach of section 354 of the California Civil Code of Civil Procedure? (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 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)
Does a plaintiff have standing to bring an action for a breach of section 1090 of the California Civil Code of Civil Procedure? (California, United States of America)
How have courts interpreted section 19996.2(a) of the California Civil Code of Civil Procedure when determining whether an employee has been on an unauthorized leave for a period of time? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.