What is the burden of proving a plaintiff has a right to exercise their free speech?
California, United States of America
The following excerpt is from M.F. Mission Viejo, LLC v. Mission Foothil Assocs., LP, G040545 (Cal. App. 3/27/2009), G040545 (Cal. App. 2009):
Because defendants did not show the complaint arises from their exercise of free speech, they did not shift the burden to plaintiff to demonstrate the probability of prevailing on the merits (City of Cotati v. Cashman, supra, 29 Cal.4th at pp. 80-81) and we need not consider arguments addressing that issue.
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