Can a lawsuit be a "arising from an act in furtherance of the rights of petition or free speech"?
California, United States of America
The following excerpt is from People Organized for Westside Renewal v. Lance Jay Robbins Paloma P'ship, B295756 (Cal. App. 2019):
courts rightly have rejected the notion 'that a lawsuit is adequately shown to be one "arising from" an act in furtherance of the rights of petition or free speech as long as suit was brought after the defendant engaged in such an act, whether or not the purported basis for the suit is that act itself." (City of Cotati v. Cashman (2002) 29 Cal.4th 69, 77.)
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
Is an act in furtherance of a person's right of petition or free speech a cause of action arising from protected activity? (California, United States of America)
What is the burden of establishing that a defendant has a right of petition or free speech in furtherance of their First Amendment rights in connection with a public issue? (California, United States of America)
Can an act in furtherance of a person's right of petition or free speech in connection with a public issue be a motion to strike? (California, United States of America)
What constitutes an act in furtherance of a person's right of petition or free speech in connection with a public issue? (California, United States of America)
Does testimony at a criminal trial and statements to prosecutors preparing for a trial fall under the definition of activity in furtherance of the right to free speech or petition? (California, United States of America)
What constitutes an act in furtherance of a person's right of petition or free speech in connection with a public issue? (California, United States of America)
What is the test for 'act in furtherance of a person's right of petition or free speech in connection with a public issue'? (California, United States of America)
What is the test for a motion to strike against a person who acts in furtherance of their right of petition or free speech? (California, United States of America)
What is the test for an act in furtherance of a defendant's right of petition or free speech? (California, United States of America)
What is the test for a motion to strike a cause of action against a person in furtherance of their right of petition or free speech? (California, United States of America)
