What is the test for determining whether a plaintiff has made a showing of intent to sue for damages arising from a breach of the Consumer Protection Act?
California, United States of America
The following excerpt is from Sacks v. Suer, G051894 (Cal. App. 2016):
action is one arising from protected activity. . . . If the court finds such a showing has been made, it then determines whether the plaintiff has demonstrated a probability of prevailing on the claim." (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67.) On appeal, the trial court's ruling is subject to de novo review. (Flatley v. Mauro (2006) 39 Cal.4th 299, 325-326.)
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