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

Summary

The court held that, at the second stage of an anti-SLAPP motion, a court may consider affidavits, declarations, and equivalent materials made under oath or under penalty of perjury, including plea-form narratives and authenticated grand jury transcripts. The court may also consider the materials when it is reasonably possible that the facts they describe can be established through admissible evidence at trial, even if the materials themselves are hearsay or lack a presently established foundation. The court therefore affirmed the denial of defendants’ anti-SLAPP motion.