Pleadings: motion to strike.

Under existing law, a party to a civil action may file a motion to strike any irrelevant, false, or improper matter inserted in a pleading, or all or any part of a pleading not drawn or filed in conformity with California law, a court rule, or an order of the court. This bill would permit a railroad owner or operator, or a government entity through which a railroad passes, to file a special motion to strike a cause of action seeking damages for an incident occurring in a portion of a railroad right-of-way open to the public. The court would be required to grant the special motion to strike unless the plaintiff establishes that there is a probability that the plaintiff will overcome all defenses asserted by the defendant and prevail on the claim. The bill would permit an appeal to be taken from an order granting or denying the special motion to strike.