California Court of Appeal

Personal injury claims against defendant-manufacturer are not based on, and do not arise from, protected speech or conduct by defendant for purposes of the anti-SLAPP statute. Accordingly, the burden never shifted to plaintiff to demonstrate a probability of prevailing on her individual claims, and the trial court correctly denied defendant's anti-SLAPP motion.

Appellate Information

• Decided 03/04/2004
• Published 03/04/2004

Judges

• McDONALD, J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
•  Lewis, Brisbois, Bisgaard & Smith, Costa Mesa, R. Gaylord Smith and Jeffrey A. Miller, Menlo Park, for Defendant and Appellant., Law Offices of Christopher E. Grell, Christopher E. Grell, Oakland, and Ian P. Dillon for Plaintiff and Respondent.