Varian Medical Systems, Inc. v. Delfino

Opinion

BROWN, J.

Under Code of Civil Procedure section 425.16, subdivision (b)(1),1 a defendant may move to strike any cause of action “arising from any act. . . in furtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue . . . .” If the plaintiff cannot demonstrate a “probability” of prevailing on that cause of action (§ 425.16, subd. (b)(1)), then the trial court must strike the cause of action and award the defendant attorney’s fees and costs (§ 425.16, subd. (c)). In 1999, the Legislature made the…