What is the burden of proving that a party has engaged in a protected activity?
California, United States of America
The following excerpt is from Park v. Bd. of Trs. of the Cal. State Univ., 192 Cal.Rptr.3d 78, 239 Cal.App.4th 1258 (Cal. App. 2015):
the burden of showing that the cause of action arises from an act in furtherance of the right of free speech or petitioni.e., that it arises from a protected activity. (Zamos v. Stroud (2004) 32 Cal.4th 958, 965, 12 Cal.Rptr.3d 54, 87 P.3d 802.) Thus, the moving party must establish both (1) that its act constituted protected activity; and (2) the cause of action arose from that protected activity.
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