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
The following excerpt is from Gallano v. Burlington Coat Factory of Cal. LLC, A146335 (Cal. App. 2017):
Under section 425.16, subdivision (e), an " 'act in furtherance of a person's right of petition or free speech under the United States or California Constitution in connection with a public issue' includes: (1) any written or oral statement or writing made before a . . . judicial proceeding . . ., [or] (2) any written or oral statement or writing made in connection with an issue under consideration or review by a . . . judicial body . . . ." " 'A cause of action "arising from" defendant's litigation activity may appropriately be the subject of a section 425.16 motion to strike.' " (Rusheen v. Cohen (2006) 37 Cal.4th
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1048, 1056.) Communications preparatory to or in anticipation of the bringing of an action or other official proceeding are within the protection of the litigation privilege of Civil Code section 47, subdivision (b), and such statements are equally entitled to the benefits of section 425.16. (Neville v. Chudacoff (2008) 160 Cal.App.4th 1255, 1268.)
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