Chen
Chen v. World Journal LA CA2/8
Opinion
Opinion
Rubin, J.
facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited.‖ [Citations.] For purposes of this inquiry, ―the trial court considers the pleadings and evidentiary submissions of both the plaintiff and the defendant ([Code Civ. Proc.,] § 425.16, subd. (b)(2)); though the court does not weigh the credibility or comparative probative strength of competing evidence, it should grant the motion if, as a matter of law, the defendant‘s evidence supporting the motion defeats the plaintiff‘s attempt to establish evidentiary support for the claim.‖ [Citation.] In making this assessment it is ―the court‘s responsibility . . . to accept as true the evidence favorable to the plaintiff . . . .‖ [Citation.] The plaintiff need only establish that his or her claim has
2 ―minimal merit‖ [citation] to avoid being stricken as a SLAPP.‘ [Citations.]‖ (Hawran, supra, 209 Cal.App.4th at pp. 273-274.) ― ‗ ―Only a cause of action that satisfies both prongs of the anti-SLAPP statute—i.e., that arises from protected speech or petitioning and lacks even minimal merit—is a SLAPP, subject to being stricken under the statute.‖ ‘ [Citation.]‖ (Id. at p. 269.) On appeal, we…