special motion to strike analysis (California) · Go Syfert
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special motion to strike analysis in California

6 California opinions name it 1 courts 2016–2026 5 in the last five years

The cases below were cited by California courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
Soukup v. Law Offices of Herbert Hafifgreen
cal · 2006 · cited in 2 California opinions naming this issue, 2016–2026
2 sentences

2026We conclude that plaintiffs have demonstrated a likelihood of success on their defamation claim.6 A. Applicable law and standard of review At the second step of the special motion to strike analysis, plaintiffs “ ‘must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited.’ ” (Soukup v. Law Offices of Herbert Hafif (2006) 39 Cal.4th 260, 291 (Soukup).) The court must “ ‘accept as true the evidence favorable to the plaintiff . . . .’ [Citation.] T

2016(Mendoza v. ADP Screening & Selection Services, Inc. (2010) 182 Cal.App.4th 1644, 1654 .) With respect to the second prong in the special motion to strike analysis, "in order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have ' "stated and substantiated a legally sufficient claim." ' [Citations.] 'Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." '

22
Woodhill Ventures, LLC v. Yanggreen
calctapp · 2021 · cited in 1 California opinions naming this issue, 2023–2023
2 sentences

2023(See Navellier, supra, 29 Cal.4th at p. 90 .) B We move to the second prong of the special motion to strike analysis, in which the movant carries the burden of establishing a probability of success in its claims. (§ 425.16, subd. (b)(1); Woodhill, supra, 68 Cal.App.5th at p. 630.) Cordoba must demonstrate its complaint is legally sufficient and supported by a prima facie showing of facts to sustain a favorable judgment if all its evidence is credited.

2023(See Navellier, supra, 29 Cal.4th at p. 90 .) B We move to the second prong of the special motion to strike analysis, in which the movant carries the burden of establishing a probability of success in its claims. (§ 425.16, subd. (b)(1); Woodhill, supra, 68 Cal.App.5th at p. 630.) Cordoba must demonstrate its complaint is legally sufficient and supported by a prima facie showing of facts to sustain a favorable judgment if all its evidence is credited.

11
Martin Potts & Associates, Inc. v. Corsair, LLCgreen
calctapp · 2016 · cited in 1 California opinions naming this issue, 2022–2022
1 sentence

2022Plaintiff asserts his attorney’s failure to address the second prong of the special motion to strike analysis was “tantamount to not opposing [the] motion at all.” (Italics omitted.) Having concluded the mandatory provision of section 473, subdivision (b) does 15 not apply to the order granting defendant’s special motion to strike, we do not consider, for example, the impact of counsel’s failure or whether or not it would be characterized as “inexcusable.” (See Martin Potts & Associates, Inc. v. Corsair, LLC, supra, 244 Cal.App.4th at p. 438 [“the mandatory relief provision is broader in scope

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in California. Read the followed side critically anyway.

Also cited on this issue (9)

CaseCitedYears
Park v. Bd. of Trs. of the Cal. State Univ. green
cal · 2017
2 sentences

2024(Park, supra, 2 Cal.5th at p. 1073 .) Accordingly, we need not reach the second step of the special motion to strike inquiry.

2024Yaghoobia “has not carried [his] burden of showing ‘the defendant’s conduct by which plaintiff claims to have been injured falls within one of the four categories described in subdivision (e).’ [Citation.]” (Park, supra, 2 Cal.5th at p. 1073 .) Accordingly, we need not reach the second step of the special motion to strike inquiry. 5 DISPOSITION The trial court order denying Yaghoobia’s special motion to strike is affirmed.

22024–2024
Navellier v. Sletten green
cal · 2002
2 sentences

2023(See Navellier, supra, 29 Cal.4th at p. 90 .) B We move to the second prong of the special motion to strike analysis, in which the movant carries the burden of establishing a probability of success in its claims. (§ 425.16, subd. (b)(1); Woodhill, supra, 68 Cal.App.5th at p. 630.) Cordoba must demonstrate its complaint is legally sufficient and supported by a prima facie showing of facts to sustain a favorable judgment if all its evidence is credited.

2016(Mendoza v. ADP Screening & Selection Services, Inc. (2010) 182 Cal.App.4th 1644, 1654 .) With respect to the second prong in the special motion to strike analysis, "in order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have ' "stated and substantiated a legally sufficient claim." ' [Citations.] 'Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." '

22016–2023
Hecimovich v. Encinal School Parent Teacher Organization green
calctapp · 2012
1 sentence

2026(Hecimovich v. Encinal School Parent Teacher Organization (2012) 203 Cal.App.4th 450, 468 .) We elect to do so here.

12026–2026
Taus v. Loftus red
cal · 2007
1 sentence

2026“The tort of defamation ‘involves (a) a publication that is (b) false, (c) defamatory, and (d) unprivileged, and that (e) has a natural tendency to injure or that causes special damage.’ [Citation.]” (Taus v. Loftus (2007) 40 Cal.4th 683, 720 .) Additionally, “[t]o prevail on a cause of action for defamation, a plaintiff who is a public figure must prove the defendant intentionally published a false statement of fact with actual malice,” i.e., with knowledge or 6 Accordingly, we need not address plaintiffs’ request that we remand for reconsideration of plaintiffs’ discovery motion, which is co

12026–2026
Wilson v. Parker, Covert & Chidester yellow
cal · 2002
1 sentence

2023(Wilson v. Parker, Covert & Chidester (2002) 28 Cal.4th 811, 821 .) Cordoba cannot satisfy this burden, because each of its three causes of action fails to state a valid claim.

12023–2023
San Diegans for Open Government v. Har Construction CA4/1 green
calctapp · 2015
1 sentence

2016Rather, [we] accept as true the evidence favorable to the plaintiff [citation] and evaluate the defendant's evidence only to determine if it has defeated that submitted by the plaintiff as a matter of law.' " (Soukup, supra, 39 Cal.4th at p. 269, fn. 3 .) Further, "[i]f the trial court's decision is correct on any theory, we must affirm the [anti-SLAPP] order." (San Diegans for Open Government v. Har Construction, Inc. (2015) 240 Cal.App.4th 611, 622 .) B.

12016–2016
Flatley v. Mauro green
cal · 2006
1 sentence

2016(Mendoza v. ADP Screening & Selection Services, Inc. (2010) 182 Cal.App.4th 1644, 1654 .) With respect to the second prong in the special motion to strike analysis, "in order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have ' "stated and substantiated a legally sufficient claim." ' [Citations.] 'Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." '

12016–2016
Paulus v. Bob Lynch Ford, Inc. green
calctapp · 2006
1 sentence

2016(Mendoza v. ADP Screening & Selection Services, Inc. (2010) 182 Cal.App.4th 1644, 1654 .) With respect to the second prong in the special motion to strike analysis, "in order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have ' "stated and substantiated a legally sufficient claim." ' [Citations.] 'Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." '

12016–2016
Mendoza v. ADP Screening & Selection Services, Inc. green
calctapp · 2010
1 sentence

2016(Mendoza v. ADP Screening & Selection Services, Inc. (2010) 182 Cal.App.4th 1644, 1654 .) With respect to the second prong in the special motion to strike analysis, "in order to establish the requisite probability of prevailing (§ 425.16, subd. (b)(1)), the plaintiff need only have ' "stated and substantiated a legally sufficient claim." ' [Citations.] 'Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." '

12016–2016

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