What is the test for granting a preliminary injunction against an anti-SLAPP motion?

California, United States of America


The following excerpt is from John Doe v. Regents of the Univ. of Cal., D073328 (Cal. App. 2018):

8. When ruling on a preliminary injunction request, a court must assess the likelihood that the plaintiff will prevail at trial, an inquiry that bears some resemblance to the court's task at the second step of the anti-SLAPP analysis. (Lam v. Ngo (2001) 91 Cal.App.4th 832, 843.) However, a trial court's granting of a preliminary injunction does not prevent it from later considering the merits of, and granting, an anti-SLAPP motion. (Id. at p. 844.)

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