California, United States of America
The following excerpt is from Aron v. WIB Holdings, 21 Cal.App.5th 1069, 231 Cal.Rptr.3d 1 (Cal. App. 2018):
Because the trial court correctly determined that tenant's claims against defendants arose from conduct that is protected under section 425.16, we address tenant's arguments as to whether he met his burden of "demonstrat[ing] a probability of prevailing on the claim[s]." ( Equilon Enterprises v. Consumer Cause, Inc . (2002) 29 Cal.4th 53, 67, 124 Cal.Rptr.2d 507, 52 P.3d 685.) To satisfy this burden, "the plaintiff must state[ ] and substantiate[ ] a legally sufficient claim. [Citation.] Put another way, the plaintiff "must demonstrate that the complaint is both legally sufficient and supported by a sufficient prima facie showing of facts to sustain a favorable judgment if the evidence submitted by the plaintiff is credited." [Citation.]" (
[21 Cal.App.5th 1085]
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