When will a defendant on an anti-SLAPP motion make a threshold showing that a challenged cause of action is one arising from protected activity?
California, United States of America
The following excerpt is from Doe v. Superior Court of L.A. Cnty., 1 Cal.App.5th 1300, 206 Cal.Rptr.3d 60 (Cal. App. 2016):
7 When a defendant on an anti-SLAPP motion makes a threshold showing that a challenged cause of action is one arising from protected activity, the burden shifts to the plaintiff to demonstrate, with evidence, a probability of prevailing on the claim. If the defendant fails to meet this evidentiary burden, a claim arising from protected activity will be stricken. (Navellier v. Sletten (2002) 29 Cal.4th 82, 8889, 124 Cal.Rptr.2d 530, 52 P.3d 703 ; 425.16, subd. (b)(1).)
7 When a defendant on an anti-SLAPP motion makes a threshold showing that a challenged cause of action is one arising from protected activity, the burden shifts to the plaintiff to demonstrate, with evidence, a probability of prevailing on the claim. If the defendant fails to meet this evidentiary burden, a claim arising from protected activity will be stricken. (Navellier v. Sletten (2002) 29 Cal.4th 82, 8889, 124 Cal.Rptr.2d 530, 52 P.3d 703 ; 425.16, subd. (b)(1).)
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