What is the test for establishing a substantial or reasonable probability of success in a motion to strike?

California, United States of America


The following excerpt is from Wilcox v. Superior Court, 27 Cal.App.4th 809, 33 Cal.Rptr.2d 446 (Cal. App. 1994):

Cases involving similar statutes have held the requirement of establishing a substantial or reasonable probability of success means only that the plaintiff must demonstrate the complaint is legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited. If either of these requirements is not met, the motion to strike must be granted; if both are satisfied, it must be denied. (Hung v. Wang

Page 455

Other Questions


What is the test for "probable and reasonable" or "reasonably foreseeable" in addressing the natural and probable consequences of climate change? (California, United States of America)
What is the impact of a motion to amend a motion in the Superior Court of Appeal against a motion by a defendant who alleges that the motion was improperly adjourned? (California, United States of America)
Is there a reasonable probability that there was no reasonable probability of error affecting a result? (California, United States of America)
Does a motion to strike on an anti-SLAPP motion have to strike? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party has failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
What is the test for probable cause in a motion where an affidavit states that there is "substantial evidence of probable cause"? (California, United States of America)
Can a defendant be denied relief under the federal reasonably probable standard or state reasonably probable? (California, United States of America)
What is the test for a motion to dismiss a motion where the opposing party failed to establish that one or more elements of the cause of action cannot be established? (California, United States of America)
What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity? (California, United States of America)
Does a court's specification of reasons for granting a motion for a new trial, which does not state any grounds or reasons for the decision to grant the motion, constitute untimely and void? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.