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

California, United States of America


The following excerpt is from Cnty. of Riverside v. Serv. Emps. Int'l Union, Local 721, E070206 (Cal. App. 2019):

procedure for weeding out, at an early stage, meritless claims arising from protected activity. Resolution of an anti-SLAPP motion involves two steps. First, the defendant must establish that the challenged claim arises from activity protected by section 425.16. [Citation.] If the defendant makes the required showing, the burden shifts to the plaintiff to demonstrate the merit of the claim by establishing a probability of success. [Our high court has] described this second step as a 'summary-judgment-like procedure.' " (Baral v. Schnitt (2016) 1 Cal.5th 376, 384-385.) We apply the de novo standard of review. (Flatley v. Mauro (2006) 39 Cal.4th 299, 325.)

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