Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)

Citation: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Parent Document: Oviedo v. Windsor Twelve Properties, LLC, 212 Cal. App. 4th 97 (2012)
Jurisdiction: California (state)
Effective Date: 2012-11-19
Original Source: https://www.courtlistener.com/opinion/5811531/oviedo-v-windsor-twelve-properties-llc/ ↗

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“ ‘As is true with summary judgment motions, the issues in an anti-SLAPP motion are framed by the pleadings. [Citation.] The plaintiff may not rely solely on its complaint, even if verified; instead, its proof must be made upon competent admissible evidence.[10] [Citation.] In reviewing the plaintiff’s evidence, the court does not weigh it; rather, it simply determines whether the plaintiff has made a prima facie showing of facts necessary to establish its claim at trial. [Citation.]’ [Citation.]” (Paiva v. Nichols (2008) 168 Cal.App.4th 1007, 1017 [85 Cal.Rptr.3d 838].) “When reviewing a ruling on a defendant’s section 425.16 special motion to strike a complaint, we employ our independent judgment.” (Santa Monica Rent Control Bd. v. Pearl Street, LLC, supra, 109 Cal.App.4th at p. 1317.) 2. Whether Respondents’ Actions Were Protected Activities

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