What is the burden of a plaintiff on a special motion to strike?
California, United States of America
The following excerpt is from Wilson v. Parker, Covert& Chidester, 105 Cal.Rptr.2d 486 (Cal. App. 2001):
Because the trial court's role when ruling on a special motion to strike is limited to determining the sufficiency of the plaintiff's evidence, both the plaintiff's burden and the trial court's role are comparable to those presented by a motion for nonsuit, directed verdict, or summary judgment. (Kyle v. Carmon, supra, 71 Cal.App.4th at pp. 907-908.) The analogy between special motions to strike and motions for nonsuit is particularly close.
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