What is the test for opposing an anti-SLAPP motion?

California, United States of America


The following excerpt is from Mirabel v. Bailey, G049766 (Cal. App. 2015):

Opposition to an anti-SLAPP motion must be based on admissible evidence.15 (Nagel v. Twin Laboratories, Inc. (2003) 109 Cal.App.4th 39, 45; Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1497.) This "evidence" lacks proper foundation and authentication and is inadmissible. The recordings of oral arguments in the appellate courts are prepared for the courts' use in finalizing opinions; they are not official records. (See Evid. Code, 452, subd. (d), 459.) CDs of arguments in particular cases are made available to the public as a courtesy, but they cannot be authenticated, and we could not take judicial notice of them as court records, even if we had been asked to do so, as we were not.16

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