Anti-SLAPP Movant Can Take the Complaint at Its Word.

Bel Air Internet, Inc. v. Morales, No. B270268 (D2d2 Feb. 26, 2018)

So Code of Civil Procedure § 425.16(b)(2) says that an anti-SLAPP motion should be decided based on the “pleadings” and the “supporting and opposing affidavits stating the facts upon which the liability or defense is based.” But a moving Defendant's burden isn't really evidentiary. It just needs to show the claim “arises from protected activity” which ordinarily is done by reference to the complaint. So while the Defendant could submit evidence to meet that burden, it is not required to. (For instance, if a complaint is based on statements, but omitted that they were made in court, Defendant could put that in a declaration to sustain its burden.) A Defendant is not, in any event, required to prove the truth of any facts pleaded by the plaintiff.

Also, the Court comes down pretty clear you don’t need a reporter’s transcript in the record on an anti-SLAPP appeal. The appeal is de novo based on the filed evidence and pleadings, so the only thing in the oral record would be legal arguments before the trial court. While that stuff might provide some useful context, it is not necessary for the Court of Appeal’s task.

Reversed.