Maraziti

DISCUSSION

I. Burden of Proof and Standard of Review

A special motion to strike under section 425.16 allows a defendant to gain early

dismissal of a lawsuit that qualifies as a SLAPP. (§ 425.16, subd. (a).) In ruling on an

anti-SLAPP motion, the trial court must first decide whether the moving defendant has

made a prima facie showing that the plaintiff's suit is subject to section 425.16, i.e., that

the challenged claims arise from an act or acts in furtherance of his or her right of petition

or free speech. (§ 425.16, subd. (b)(1); Equilon Enterprises v. Consumer Cause, Inc.

(2002) 29 Cal.4th 53, 67 (Equilon).) If the defendant establishes the anti-SLAPP statute

applies, the burden shifts to the plaintiff to demonstrate a "probability" of prevailing on

the claim. (Equilon, supra, 29 Cal.4th at p. 67.) In making that determination, the court

must "consider the pleadings, and supporting and opposing affidavits stating the facts

upon which the liability or defense is based." (§ 425.16, subd. (b)(2).) "The evidence

submitted by the plaintiff must be admissible [citation], and, if credited at trial, must

support a judgment in his favor. [Citations.] Significantly,…