What is the test for a defendant to prove that a plaintiff's retaliation claim arises from protected activity?
California, United States of America
The following excerpt is from Turnbull v. Oro Grande Sch. Dist., E068794 (Cal. App. 2019):
It is "relatively unusual" for a defendant to show that a plaintiff's retaliation claim arises from protected activity. (Wilson v. Cable News Network, Inc., supra, 7 Cal.5th at p. 891.) To do so, the defendant "must show that the complained-of adverse action, in and of itself, is an act in furtherance of its speech or petitioning rights. Cases that fit that description are the exception, not the rule." (Id. at p. 890.)
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