1. (1) The party asserting the cause of action based on protected public expression fails to:

   1. (i) establish a prima facie case as to each essential element of the cause of action; or
   2. (ii) state a cause of action upon which relief can be granted.
2. (2) There is no genuine issue as to any material fact, and the person against whom the cause of action based on protected public expression has been asserted is entitled to judgment as a matter of law in whole or in part.

A person is immune from civil liability for a cause of action based on protected public expression if any of the following paragraphs apply:

Cross References. Section 8340.15 is referred to in sections 8320.1, 8340.13, 8340.16, 8340.18 of this title.