Does a party have to independently demonstrate that statements made by a party under section 425.16, subdivision (e) constitute a "public issue" within the meaning of the Public Issue?

California, United States of America


The following excerpt is from Bank of N.Y. Mellon v. Regan, D066555 (Cal. App. 2016):

4. When the first two subparts of section 425.16, subdivision (e), are at issue (i.e., speech or petitioning before a legislative, executive, judicial or other official proceeding; or statements made in connection with an issue under review or consideration by an official body), the moving party is not required to independently demonstrate that the matter is a " 'public issue' " within the statute's meaning. (Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106, 1113.)

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