CKE RESTAURANTS v. MOORE
Filing of notice of obligation to warn consumers of toxicity under Proposition 65 is a protected activity for purposes of the anti SLAPP statute. Declaratory relief action is subject to an anti SLAPP motion where plaintiff, in response to a Proposition 65 notice, seeks a declaration that it is not in violation of Proposition 65. Plaintiff, the owner of a restaurant chain alleged to serve food containing measurable amounts of a toxic substance, failed to show a likelihood of prevailing in its declaratory relief action where declarations that plaintiff's food did not contain such substance were based upon the testing of a small amount of food from a single restaurant, and defendants' experts concluded based on their testing that toxicity levels in plaintiff's food were high enough to constitute a violation of Proposition 65.
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