California, United States of America
The following excerpt is from Wang v. Yeh, B294782 (Cal. App. 2020):
prevailing on that cause of action as required by the second prong of the anti-SLAPP analysis. Here, the trial court never reached the second prong of the motion. Where a trial court has erroneously failed to address the second prong of the analysis under section 425.16, we have discretion to either reach the second prong ourselves or remand the matter to the trial court to address the second prong in the first instance. (Birkner v. Lam, supra, 156 Cal.App.4th at p. 286; Schwarzburd v. Kensington Police Protection & Community Services Dist. Bd. (2014) 225 Cal.App.4th 1345, 1355.)
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