Gentino

DISCUSSION

I. Legal Principles and Standard of Review

“To combat lawsuits designed to chill the exercise of free speech and petition rights (typically known as strategic lawsuits against public participation, or SLAPPs), the Legislature has authorized a special motion to strike claims that are based on a defendant’s engagement in such protected activity. (See Code Civ. Proc., § 425.16, subd. (a).)” (Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1060 (Park).) The resolution of a special motion to strike under section 425.16 involves two steps. First, the court must determine “whether the plaintiff’s claims arise from protected activity.” (Bonni v. St. Joseph Health System (2021) 11 Cal.5th 995, 1009 (Bonni).) A claim arises from protected activity “when that activity underlies or forms the basis for the claim.” (Park, supra, 2 Cal.5th at p. 1062.) “The defendant’s burden is to identify what acts each challenged claim rests on and to show how those acts are protected under a statutorily defined category of protected activity.” (Bonni, at p. 1009.) If the defendant carries this burden, the plaintiff must then demonstrate the challenged claims…