What is the test for satisfaction of the first prong under Section E. 4(e)(4) of the California Civil Rights Act?
California, United States of America
The following excerpt is from Cohen v. Kabbalah Ctr. Int'l, Inc., B258226, B258231 (Cal. App. 2016):
Satisfaction of the first prong under subdivision (e)(4) requires proof of the following "(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.) We use this formulation and discuss each element in turn.
3. Defendant's Acts: Narrowing the Focus to the Actual Conduct Alleged as Wrongful
In determining whether the Centre's conduct as alleged constitutes protected activity, the "definitional focus is not the form of the plaintiff's cause of action but, rather, the defendant's activity that gives rise to his or her asserted liability and whether that activity constitutes protected speech or petitioning." (Navellier v. Sletten (2002) 29 Cal.4th 82, 92.) Accordingly, the legal theory of the plaintiff's claims is not dispositive; instead we must identify the acts that form the basis for those claims. (City
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