What is the burden of establishing that a party defending against a motion of no confidence has the burden to establish that the motion is a protected activity?
California, United States of America
The following excerpt is from Villas v. Ivie, H034702, No. CV125324 (Cal. App. 2011):
On the second step, the party defending against the motion has the burden to establish a probability of prevailing on the claim. (City of Cotati v. Cashman, supra, 29 Cal.4th at p. 78.) A "court need not reach this second prong of the analysis if the 'arising from protected activity' requirement is not met." (Wang v. Wal-Mart Real Estate Business Trust (2007) 153 Cal.App.4th 790, 801.)
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