California, United States of America
The following excerpt is from Siciliano v. Silva, E063116 (Cal. App. 2016):
(Navellier v. Sletten (2002) 29 Cal.4th 82, 88 (Navellier).) In making this determination, the court considers "the pleadings, and supporting and opposing affidavits stating the facts upon which the liability . . . is based." ( 425.16, subd. (b)(2).)
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