Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)

Citation: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Parent Document: Winslett v. 1811 27th Ave., LLC, 237 Cal. Rptr. 3d 25 (2018)
Jurisdiction: California (state)
Effective Date: 2018-08-15
Original Source: https://www.courtlistener.com/opinion/6239848/winslett-v-1811-27th-ave-llc/ ↗

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A claim arises from protected activity when that activity underlies or forms the basis for the claim. We look to whether " 'the defendant's act underlying the plaintiff's cause of action [was] itself ... an act in furtherance of the right *246of petition or free speech.' " ( Park v. Board of Trustees of California State University (2017) 2 Cal.5th 1057, 1063, 217 Cal.Rptr.3d 130, 393 P.3d 905, italics added ( Park ).) "[T]he focus is on determining what 'the defendant's activity [is] that gives rise to his or her asserted liability-and whether that activity constitutes protected speech or petitioning.' " ( Ibid . ) In teasing out whether we are dealing with protected conduct, "courts should consider the elements of the challenged claim and what actions by the defendant supply those elements and consequently form the basis for liability." ( Ibid. )

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