The following excerpt is from Walker v. Nestle USA, Inc., Case No.: 3:19-cv-723-L-BGS (S.D. Cal. 2020):
exemption applies goes to the issue whether the defendant has made a threshold showing under section 425.16(b) that the challenged cause of action is one arising from protected activity. Demetriades v. Yelp, Inc., 228 Cal. App. 4th 294, 308 (2014). However, the burden is on the plaintiff to show that the exemption applies. Id. As relevant here, 425.17(c) provides:
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