Defendant James Caputo's Special Motion to Strike Strategic Lawsuit Against Public Participation is granted.
Pursuant to CCP §425.16, the court must first determine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity, i.e., the act underlying petitioner's cause of action fits one of the categories delineated in CCP §425.16(e). (CCP §425.16 (b)(1); Navellier v. Sletten (2002) 29 Cal.4th 82, 88-89.) Statements fall within the first prong of CCP §425.16 if the statements, oral or written, were made in a public forum or public place "in connection with an issue of public interest." (CCP §425.16(e).) The moving defendant bears the initial burden of establishing a prima facie showing that the plaintiff's cause of action arises from the defendant's free speech or petition activity. (Equilon Enterprises, L.L.C. v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61.) If the court finds that such a showing has been made, it
Hearing Date
June 28, 2018
Category
Civil - Unlimited
Type
Misc Complaints - Other
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Defendant James Caputo's Special Motion to Strike Strategic Lawsuit Against Public Participation is granted.
Pursuant to CCP §425.16, the court must first determine whether the moving party has made a threshold showing that the challenged cause of action is one arising from protected activity, i.e., the act underlying petitioner's cause of action fits one of the categories delineated in CCP §425.16(e). (CCP §425.16 (b)(1); Navellier v. Sletten (2002) 29 Cal.4th 82, 88-89.) Statements fall within the first prong of CCP §425.16 if the statements, oral or written, were made in a public forum or public place "in connection with an issue of public interest." (CCP §425.16(e).) The moving defendant bears the initial burden of establishing a prima facie showing that the plaintiff's cause of action arises from the defendant's free speech or petition activity. (Equilon Enterprises, L.L.C. v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61.) If the court finds that such a showing has been made, it