Sweetwater Union High Sch. Dist. v. Gilbane Bldg. Co.

*937The narrow question here is what kind of evidence a court may consider in ruling on a pretrial anti-SLAPP motion in determining a plaintiff's probability of success. The inquiry has two aspects. One addresses the form in which the evidence is produced in connection with the motion. The other evaluates whether that evidence will be admissible at an eventual trial. We conclude the evidence produced by plaintiff Sweetwater Union High School District (the District) was properly considered and affirm the Court of Appeal's judgment.

I. BACKGROUND

In November 2006, voters approved Proposition O, a…