Motion: Defendant’s Anti-SLAPP Motion
Tentative Ruling:
To deny defendant’s special motion to strike the complaint on the ground it is a strategic lawsuit against public participation (SLAPP) action. (Code Civ. Proc. § 425.16.) Explanation:
In moving to strike the claims against him or her, a defendant first has the burden of showing that the action “arises from” the exercise of free speech rights and/or right to petition. (Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLP (2005) 133 Cal.App.4th 658.) The defendant must establish that the “core injury-producing conduct upon which the plaintiff’s claim is premised” is protected speech. (Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 2364, 1272.)
The meaning of “arising from” in Code of Civil Procedure, section 425.16, subdivision (b)(1), has been interpreted to mean that the act underlying the plaintiff's cause or the act which forms the basis of the plaintiff's cause of action “must have been an act in furth
Hearing Date
August 03, 2018
Type
42 Unlimited - Other Complaint (not specified)
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Motion: Defendant’s Anti-SLAPP Motion
Tentative Ruling:
To deny defendant’s special motion to strike the complaint on the ground it is a strategic lawsuit against public participation (SLAPP) action. (Code Civ. Proc. § 425.16.) Explanation:
In moving to strike the claims against him or her, a defendant first has the burden of showing that the action “arises from” the exercise of free speech rights and/or right to petition. (Peregrine Funding, Inc. v. Sheppard Mullin Richter & Hampton LLP (2005) 133 Cal.App.4th 658.) The defendant must establish that the “core injury-producing conduct upon which the plaintiff’s claim is premised” is protected speech. (Hylton v. Frank E. Rogozienski, Inc. (2009) 177 Cal.App.4th 2364, 1272.)
The meaning of “arising from” in Code of Civil Procedure, section 425.16, subdivision (b)(1), has been interpreted to mean that the act underlying the plaintiff's cause or the act which forms the basis of the plaintiff's cause of action “must have been an act in furth