Velie
Velie v. Hill CA2/6
Opinion
Opinion
Perren, J.
DISCUSSION
1. Anti-SLAPP Motions and Standard of Review “A SLAPP suit has been described as ‘a meritless suit filed primarily to chill the defendant’s exercise of First Amendment rights.’” (Macias v. Hartwell (1997) 55 Cal.App.4th 669, 672.) Such suits are subject to a special motion to strike, i.e., an anti- SLAPP motion, if one or more causes of action “aris[e] from any act of [a defendant] in furtherance of the [defendant’s] right of petition or free speech . . . unless the court determines that the
The Bane Act is found at section 52.1 of the Civil Code.
3 plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” (§ 425.16, subd. (b)(1).) The motion is thus a two-step process. The defendant must first show the challenged claim arises from an act in furtherance of their right of petition or free speech in connection with a public issue. (Olive Properties, L.P. v. Coolwaters Enterprises, Inc. (2015) 241 Cal.App.4th 1169, 1174.) If the defendant meets this threshold, the plaintiff must then establish a probability of prevailing on the claim. (Ibid.) We review the trial court’s anti-SLAPP ruling de novo. (Oasis West Realty, LLC v.…