What is the test for a cause of action under section 425.16 of the California Civil Code of Civil Procedure?
California, United States of America
The following excerpt is from Ergur v. Cal. Mortg. & Realty, Inc., A149359 (Cal. App. 2019):
"A cause of action arises from protected activity within the meaning of section 425.16, subdivision (e)(4) if (1) defendants' acts underlying the cause of action, and on which the cause of action is based, (2) were acts in furtherance of defendants' right of petition or free speech (3) in connection with a public issue." (Tamkin v. CBS Broadcasting, Inc. (2011) 193 Cal.App.4th 133, 142-143.)
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