California, United States of America
The following excerpt is from Wohanka v. Eagle Cmty. Credit Union, G044857, Super. Ct. No. 30-2010-00418977 (Cal. App. 2011):
However, "[t]he 'principal thrust or gravamen' of the claim determines whether [Code of Civil Procedure] section 425.16 applies. [Citation.]" (Mann v. Quality Old Time Service, Inc. (2004) 120 Cal.App.4th 90, 103.) "[W]here a cause of action alleges both protected and unprotected activity, the cause of action will be subject to section 425.16 unless the protected conduct is 'merely incidental' to the unprotected conduct [citations] . . . ." (Ibid.) In short, "the anti-SLAPP statute applies to a mixed cause of action. [Citation.]" (Ibid.)
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