What is the burden of proving that a party to a motion is a protected activity?
California, United States of America
The following excerpt is from Zaghi v. Levy, B258847 (Cal. App. 2016):
The moving party's burden on the threshold issue is to show "the challenged cause of action arises from protected activity." (Rusheen v. Cohen (2006) 37 Cal.4th 1048, 1056; see Scalzo v. Baker (2010) 185 Cal.App.4th 91, 98.) "[T]he statutory phrase 'cause of action . . . arising from' means simply that the defendant's act underlying the plaintiff's cause of action must itself have been an act in furtherance of the right of petition or free speech. [Citation.] In the anti-SLAPP context, the critical point is
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