On July 09, 2018 a
Motion,Ex Parte
was filed
involving a dispute between
Singh, Akash,
and
Central High School,
Central Unified School District,
Gutierrez, Ezequiel,
for 13 Unlimited - Defamation
in the District Court of Fresno County.
Preview
Whitney, Thompson & Jeffcoach LLP
Kristi D. Marshall, #274625
kmarshall@wtjlaw.cam
E-FILED
8050 N. Palm Avenue, Suite 110
9/28/2018 3:39 PM
Fresno, California 93711 FRESNO COUNTY SUPERIOR COURT
Telephone: (559) 753-2550 By: A. Ramos, Deputy
Facsimile: (559) 795-2560
for Defendants CENTRAL UNIFIED
\OOOQQUI#DJN'—i
Attomeys
SCHOOL DISTRICT, CENTRAL HIGH
SCHOOL, EZEQUIEL GUTIERREZ
SUPERIOR COURT OF THE STATE OF CALIFORNIA
COUNTY OF FRESNO, B. F. SISK COURTHOUSE
AKASH SINGH, Case No. 18CECGOZ478
Plaintiff, DEFENDANT, CENTRAL UNIFIED
SCHOOL DISTRICT’S NOTICE OF
v. ANTI-SLAPP SPECIAL MOTION TO
STRIKE
CENTRAL UNIFIED SCHOOL DISTRICT,
CENTRAL HIGH SCHOOL, EZEQUIEL Date: November 6, 2018
GUTIERREZ, and DOES 1 to 100, inclusive, Time: 3:30 pm
Dept: 502
Defendants.
Assigned for All Purposes to:
Hon. Donald Black
Action Filed: July 9, 2018
Trial Date: None Set
NNNNNNNNN—.—.—~—————-—n
WQOMANNHOOWNQM#wN—'O
TO ALL PARTIES TO THIS ACTION AND THEIR ATTORNEYS OF RECORD:
PLEASE TAKE NOTICE THAT on November 6, 201 8 at 3:30 pm. or soon thereafter as
the matter can be heard, in department 502 of the above entitled Court, located at 1130 “O” Street,
Fresno, CA 93721, Defendants CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH
SCHOOL, AND EZEQUIEL GUTIERREZ, (collectively “Defendants”), will and hereby do move
this Coun for an order granting their Anti-SLAPP Special Motion to Stn'ke Pursuant to California
Code of Civil Procedure section 425.16 the entire Complaint on the basis that it ispremised on
speech entirely protected by that statute and that Plaintiff will be unable to prove the likelihood of
success on another, appropriate basis.
This Motion is based on this Notice of Motion; the Memorandum of Points and
12456.0001005228938000
DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
Authorities; Request for Judicial Notice filed concurrently herewith; the Declaration of Ezequiel
Gutierrez and exhibits thereto; the Declaration of Dr. Kevin Torosian; the pleadings, records and
files in this action; and upon such oral or documentary evidence as may be presented at the
A hearing of this matter.
Notice is also hereby provided that in the event this Motion is granted, Defendants intend
to request their attomey’s fees relating to the same in a subsequently noticed motion.
\OOOVOUI
Dated: September ZZ 2018 WHITNEY, THOMPSON & JEFFCOACH LLP
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12 Kristi D. Marshall
F. William Jackson
13 Attorneys for Defendants CENTRAL UNIFIED
SCHOOL DISTRICT, CENTRAL HIGH SCHOOL,
14
EZEQUIEL GUTIERREZ
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17
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19
20
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|2466.00010 05228988000
2
DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S MEMORANDUM OF POINTS AND
AUTHORITIES IN SUPPORT OF
Document Filed Date
September 28, 2018
Case Filing Date
July 09, 2018
Category
13 Unlimited - Defamation
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Whitney, Thompson & Jeffcoach LLP Kristi D. Marshall, #274625 kmarshall@wtjlaw.cam E-FILED 8050 N. Palm Avenue, Suite 110 9/28/2018 3:39 PM Fresno, California 93711 FRESNO COUNTY SUPERIOR COURT Telephone: (559) 753-2550 By: A. Ramos, Deputy Facsimile: (559) 795-2560 for Defendants CENTRAL UNIFIED \OOOQQUI#DJN'—i Attomeys SCHOOL DISTRICT, CENTRAL HIGH SCHOOL, EZEQUIEL GUTIERREZ SUPERIOR COURT OF THE STATE OF CALIFORNIA COUNTY OF FRESNO, B. F. SISK COURTHOUSE AKASH SINGH, Case No. 18CECGOZ478 Plaintiff, DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S NOTICE OF v. ANTI-SLAPP SPECIAL MOTION TO STRIKE CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCHOOL, EZEQUIEL Date: November 6, 2018 GUTIERREZ, and DOES 1 to 100, inclusive, Time: 3:30 pm Dept: 502 Defendants. Assigned for All Purposes to: Hon. Donald Black Action Filed: July 9, 2018 Trial Date: None Set NNNNNNNNN—.—.—~—————-—n WQOMANNHOOWNQM#wN—'O TO ALL PARTIES TO THIS ACTION AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE THAT on November 6, 201 8 at 3:30 pm. or soon thereafter as the matter can be heard, in department 502 of the above entitled Court, located at 1130 “O” Street, Fresno, CA 93721, Defendants CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCHOOL, AND EZEQUIEL GUTIERREZ, (collectively “Defendants”), will and hereby do move this Coun for an order granting their Anti-SLAPP Special Motion to Stn'ke Pursuant to California Code of Civil Procedure section 425.16 the entire Complaint on the basis that it ispremised on speech entirely protected by that statute and that Plaintiff will be unable to prove the likelihood of success on another, appropriate basis. This Motion is based on this Notice of Motion; the Memorandum of Points and 12456.0001005228938000 DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF Authorities; Request for Judicial Notice filed concurrently herewith; the Declaration of Ezequiel Gutierrez and exhibits thereto; the Declaration of Dr. Kevin Torosian; the pleadings, records and files in this action; and upon such oral or documentary evidence as may be presented at the A hearing of this matter. Notice is also hereby provided that in the event this Motion is granted, Defendants intend to request their attomey’s fees relating to the same in a subsequently noticed motion. \OOOVOUI Dated: September ZZ 2018 WHITNEY, THOMPSON & JEFFCOACH LLP 10 11 12 Kristi D. Marshall F. William Jackson 13 Attorneys for Defendants CENTRAL UNIFIED SCHOOL DISTRICT, CENTRAL HIGH SCHOOL, 14 EZEQUIEL GUTIERREZ 15 16 17 18 19 20 21 22 23 24 25 26 27 28 |2466.00010 05228988000 2 DEFENDANT, CENTRAL UNIFIED SCHOOL DISTRICT’S MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF