Morales

Bel Air Internet, LLC v. Morales

Good Law
20 Cal. App. 5th 924·230 Cal. Rptr. 3d 71
Court of Appeal of CaliforniaFebruary 26, 2018B270268California8,615 words

Opinion

lead Opinion

Lui, J.

*928 This appeal requires us to consider the role of the pleadings and supporting declarations in deciding a motion to strike under the anti-SLAPP

*929 statute ( Code Civ. Proc., § 425.16 ). 1 Section 425.16 protects the exercise of certain constitutional rights by permitting a motion to strike when a complaint targets specified conduct that *75 involves the right to freedom of speech or the right to petition the government. When a plaintiff's complaint shows that a claim arises from communications that are protected under the statute, must the defendant support a motion to strike with declarations confirming that his or her actions fall within one of the categories of protected conduct?

We conclude that, when the complaint itself alleges protected activity, a moving party may rely on the plaintiff's allegations alone in arguing that the plaintiff's claims arise from an act "in furtherance of the person's right of petition or free speech." ( § 425.16, subd. (b)(1).) While section 425.16 requires a court to consider both the "pleadings" and the "supporting and opposing affidavits stating the facts upon which the liability or defense is based" ( § 425.16, subd. (b)(2) ), it does…

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