Morales
Bel Air Internet, LLC v. Morales
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…