Order: JOHNA PECOT et al VS. SAN FRANCISCO DEPUTY SHERIFF'S ASSOCIATION, A et al

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LAW OFFICES OF PAUL L. KRANZ

soot Sas NZ, ESQ. SBN 1 14999 ELECTRONICALLY

* Street, Suite

Oakland, CA 94612 FILED

kranzlaw@sbeglobal.net Tous: ean, ‘Caltfomia,

‘Telephone: — (510) 839-1200 08/06/: 2015

Facsimile: (510) 444-6698 evga aoa
Deputy Clerk

Attorneys for Plaintiffs Johna Pecot, er al.,

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

CASE NO. CGC-10-501168

NOTICE OF ENTRY OF ORDER
DENYING DEFENDANT DAVID
WONG'S MOTION PURSUANT
TO CODE OF CIVIL
PROCEDURE SECTION 473(d)
TO CORRECT CLERICAL
ERROR IN ORDER AFTER
DEMURRER AND SLAPP
HEARING

JOHNA PECOT, et al.,
Plaintiffs,
v.
SAN FRANCISCO DEPUTY SHERIFF'S

ASSOCIATION, a California Nonprofit
Corporation, et a/.

Defendants.

PLEASE TAKE NOTICE that on August 4, 2015, the Court issued an order
DENYING Defendant David Wong’s Motion Pursuant to Code of Civil Procedure Section
473(d) To Correct Clerical Error In Order After Demurrer And SLAPP Hearing.

A true and correct copy of the Honorable Ernest H. Goldsmith’s order is attached hereto as

Exhibit A.
Dated: August 5, 2015 Respectfully submitted,
Plu L. Kun?
By:
Paul L. Kranz

-l-
NOTICE OF ENTRY OF ORDER DENYING MOTION TO CORRECT CLERICAL ERROR (C.C.P. §473(4))EXHIBIT ALAW OFFICES OF PAUL L. KRANZ

PAULL. KRANZ, ESQ., SBN 114999 EK

At Sie 2 A alte
Oakland CASAC? sos Crit os
kranzlaw@sbeglobal.net AUG 04 20 5
Telephone: (510) 839-1200 URT
Facsimile: (510) 444-6698 . CLERK OF THE CO

By, a eat ‘eputy Clerk

Attorneys for Named Plaintiffs Johna Pecot, et al.

SUPERIOR COURT FOR THE STATE OF CALIFORNIA
COUNTY OF SAN FRANCISCO

JOHNA PECOT, et al. Individually and on Behalf of) | CASE NQ. CGC-10-501168
All Others Similarly Situated, )
) posed] ORDER RE.
Plaintiffs, ) EFENDANT DAVID WONG'S
) MOTION PURSUANT TO CODE
v. )  -OF CIVIL PROCEDURE
) SECTION 473(d) TO CORRECT
SAN FRANCISCO DEPUTY SHERIFF'S ) CLERICAL ERROR IN ORDER
ASSOCIATION, a California Nonprofit ) AFTER DEMURRER AND SLAPP
Corporation, et al. ) HEARING :
)
Defendants. ) Date: August 4, 2015 7 \
Time: 9:30 a.m.
Dept.: 302

Defendant Dave Wong's Motion Pursuant To Code Of Civil Procedure Section .
473(d) To Correct Clerical Error In Order After Demurrer And Slapp Hearing was
scheduled for hearing on August 4, 2015 at 9:30 a.m. in Department 302. The Court, having

considered the parties moving and opposing papers, issued a tentative ruling. The tentative

ruling was not contested. The Court, therefore, adopts.its tentative ruling, which stated as :
follows:
The motion is denied. The January 12, 2015 Order accurately reflects the Court's °

ruling on the Anti-SLAPP motion. Although Plaintiff stipulated to removing allegations

tt
—fProposed} ORDER RE DEFENDANT'S MOTION 110 CORRECT CLERICAL ERROR (C.CP. §473(¢))om Ya Hw FF WN

oS

pertaining to the dismissed Defendants on the record at the hearing, Defendants did not
prevail on their Anti-SLAPP motion. As. stated in the Order, an Anti-SLAPP motion can
only be used to challenge causes of action and not specific factual allegations. A regular
motion to strike would have been the proper procedural mechanism for achieving the
results sought from the Anti-SLAPP motion. Further, Defendants engaged in no
meaningful analysis as to whether the first prong of the statute was met. Thus, the Order

js accurate, including the statement that the Anti-SLAPP motion was frivolous.

oe Enreablon!

Honorable nia  Goldsnuth
ERNEST H, Lose

Approved as to form:

Lawrence D. Murray, Esq.
Attorney for Defendants
David Wong, Michael Zehner, Brian Savage and Shedrick McDaniels

. -2-
—Breposed} ORDER RE DEFENDANT'S MOTION TO CORRECT CLERICAL ERROR (C.C.P. $473(d))PROOF OF SERVICE
SUPERIOR COURT

)
)
STATE OF CALIFORNIA ) CASE NO. CCC-10-501168
)
COUNTY OF SAN FRANCISCO )

I, the undersigned, certify and attest as follows:

lam over the age of cightecn years and am not a party to the cause within. My business
address is 499 14" Street, Suite 300, Oakland, California 94612.

On August 6, 2015, | caused the following documents:

NOTICE OF ENTRY OF ORDER DENYING DEFENDANT DAVID WONG'S
MOTION PURSUANT TO CODE OF CIVIL PROCEDURE SECTION 473(d) TO
CORRECT CLERICAL ERROR IN ORDER AFTER DEMURRER AND SLAPP
HEARING GRANTING PLAINTIFFS’ MOTION FOR ATTORNEY’S FEES

to be served on defendants’ counsel electronically by File&Serve Express and by hand delivery

as follows:

Lara C. Smith, Esq. Lawrence D. Murray, Esq.
LAW OFFICE OF LARA C. SMITH Murray & Associates

1086 Arlington Blvd. 1781 Union Street
El Cerrito, California 94530 San Francisco, CA 94123-4426

e-mail:lara@shremlaw.com e-mail:daydrmn@aol.com

I declare under penalty of perjury that the foregoing is true and correct and this
declaration was executed in Oakland, California on August 6, 2015.

lauuwtoly

P10
Gloria Reynolds 7