What is the test for making a statement in a "public issue" context?
California, United States of America
The following excerpt is from Hartnett v. San Diego Cnty. Bd. of Educ., D059189 (Cal. App. 2012):
law . . . ." ( 425.16, subd. (e).)4 If the defendant shows the cause of action arises from a statement described in subdivisions (e)(1) or (e)(2) of section 425.16, the defendant is not required to separately demonstrate that the statement was made in connection with a "public issue." (Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106, 1113.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Does a party have to independently demonstrate that statements made by a party under section 425.16, subdivision (e) constitute a "public issue" within the meaning of the Public Issue? (California, United States of America)
Is a plaintiff's claim for damages arising from defendants' conduct "in connection with a public issue or issue of public interest"? (California, United States of America)
Can an individual accused of making defamatory statements by their own conduct, create their own defense by making the claimant public figure? (California, United States of America)
Does a person have to make statements in furtherance of their right of petition or free speech in connection with a public issue? (California, United States of America)
What is the test for a defendant to be found guilty of making a statement in a public place of public interest? (California, United States of America)
Is a defendant required to independently demonstrate that the issue is a "public issue" within the meaning of section 425.16, subdivision (e) of the California Code of Civil Procedure? (California, United States of America)
Does an offer of lenient treatment in exchange for making a statement render the statement involuntary and inadmissible? (California, United States of America)
What is the test for making a statement that is not a criminal statement? (California, United States of America)
Is a motion for attorney fees required to issue a statement of decision addressing disputed legal and factual issues? (California, United States of America)
What is the test for making a statement in a witness statement? (California, United States of America)
