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GALLAGHER v. CONNELL

No. B168077.

20 Cal.Rptr.3d 673 (2004)

123 Cal.App.4th 1260

Patrick J. GALLAGHER, Plaintiff and Respondent, v. Ann CONNELL, Defendant and Appellant.

Court of Appeals of California, Second District, Division Seven.

Review Denied February 2, 2005.

Attorney(s) appearing for the Case

Hanger, Levine & Steinberg, Woodland Hills, and John A. Demarest for Defendant and Appellant.

Saavedra & Zufelt, Cruz Saavedra, Long Beach, and Roger C. Glienke for Plaintiff and Respondent.

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.1 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.2 This appeal poses the question...

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