Defendants Fox, Lane, and Cooper's Anti-Slapp Motion to Strike is denied.
In ruling on an Anti-SLAPP Motion to Strike under Code of Civil Procedure '425.16, the court must engage in a two-step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right of petition or free speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66.
In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. CCP ' 425.16(b)(2). Only evidence admissible at trial may be considered. Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1497. Moreove
Hearing Date
July 24, 2021
Department
Truckee - Dept A - Main Courtroom
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Defendants Fox, Lane, and Cooper's Anti-Slapp Motion to Strike is denied.
In ruling on an Anti-SLAPP Motion to Strike under Code of Civil Procedure '425.16, the court must engage in a two-step process. First, the court decides whether defendant has made a threshold showing that the challenged cause of action is one arising from protected activity (i.e., that the acts of which plaintiff complains were taken in furtherance of defendant's right of petition or free speech). If such a showing has been made, the court then determines whether plaintiff has demonstrated a probability of prevailing on the claim. Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 66.
In making its determination, the court shall consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability or defense is based. CCP ' 425.16(b)(2). Only evidence admissible at trial may be considered. Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1497. Moreove