Ishkanian v. Baker
Defendants and appellants Ken Baker, Jann Wenner, Janice Min and Wenner Media LLC (sometimes collectively appellants) appeal from an order denying their special motion to strike a complaint filed by plaintiffs and respondents Jill Ishkanian (Ishkanian) and Sunset Photo and News (Sunset Photo). The trial court ruled that appellants met their threshold burden to show that the complaints allegations arose from protected activity within the scope of Code of Civil Procedure section 425.16,[1]but that Ishkanian and Sunset Photo thereafter met their burden to establish a probability of prevailing on the basis of the allegations in their verified complaint. Court reverse. Although the trial court properly concluded that the complaint arose from protected activity, it erred in concluding that Ishkanian and Sunset Photo could and did meet their burden to show a probability of prevailing in the absence of offering any supporting evidence.
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