Is a review of a motion to strike pursuant to section 425.16 de novo?

California, United States of America


The following excerpt is from Grossman v. Schloss, B228800 (Cal. App. 2012):

"'Review of an order granting or denying a motion to strike under [Code of Civil Procedure] section 425.16 is de novo. [Citation.] We consider "the pleadings, and supporting and opposing affidavits . . . upon which the liability or defense is based."'" (Flatley v. Mauro (2006) 39 Cal.4th 299, 325-326.)

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