Legal Opinion
Gallagher v. Connell
California Court of Appeal
Decided November 8, 2004No. B168077PublishedCited by 15 opinions
1Opinion of the Court
Opinion
JOHNSON, Acting P. J.
We are presented with a variation on the age-old riddle of the tree that falls in the forest when there is no one around to hear it. It is well settled that in opposing a SLAPP motion the plaintiff must show a probability of prevailing on his cause of action and the showing must be based on admissible evidence. This appeal poses the question: “If the plaintiff submits inadmissible evidence but no one objects to it is the evidence ‘admissible’ for purposes of showing a probability of success on the merits?” In light of the deep-rooted principle that evidentiary…
2Cases cited28 opinions
- New York Times Co. v. SullivanSupreme Court of the United States · 1964
- Gertz v. Robert Welch, Inc.Supreme Court of the United States · 1974
- Hustler Magazine, Inc. v. FalwellSupreme Court of the United States · 1988
- Philadelphia Newspapers, Inc. v. HeppsSupreme Court of the United States · 1986
- Navellier v. SlettenCalifornia Supreme Court · 2002
23 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- NYGÅRD, INC. v. Uusi-KerttulaCalifornia Court of Appeal · 2008
- Sweetwater Union High Sch. Dist. v. Gilbane Bldg. Co.California Supreme Court · 2019
- S. B. Beach Properties v. BertiCalifornia Supreme Court · 2006
- Grenier v. TaylorCalifornia Court of Appeal · 2015
- Gallant v. City of CarsonCalifornia Court of Appeal · 2005
10 more not listed; retrieve them via the Exa API.