What is the test for determining whether a plaintiff has a claim for damages arising from protected activity?

California, United States of America


The following excerpt is from Dunsworth v. Shoham, B281356 (Cal. App. 2018):

of the record, the challenged claims arise from protected activity. [Citations.] In addition to the pleadings, we may consider affidavits concerning the facts upon which liability is based. ( 425.16, subd. (b)(2); Navellier v. Sletten [(2002)] 29 Cal.4th [82,] 89 [(Navellier)].) We do not, however, weigh the evidence, but accept plaintiff's submissions as true and consider only whether any contrary evidence from the defendant establishes its entitlement to prevail as a matter of law. [Citation.]" (Park, supra, 2 Cal.5th at p. 1067.)

1. Arising from protected activity

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