Plaintiff’s Special Motion to Strike portions of and/or the entirety of the First Cause of Action of the Cross- Complaint pursuant to CCP§ 425.16 is denied. Prior to the filing of this motion Cross-Complainants dismissed the First Cause of Action for Slander of Title. The motion addressed only the First Cause of Action for slander of title and no other claims. Code of Civil Procedure §425.16 (b) (1) states that, “A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” In making its determination, the court is required to consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability
Hearing Date
March 15, 2019
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Plaintiff’s Special Motion to Strike portions of and/or the entirety of the First Cause of Action of the Cross- Complaint pursuant to CCP§ 425.16 is denied. Prior to the filing of this motion Cross-Complainants dismissed the First Cause of Action for Slander of Title. The motion addressed only the First Cause of Action for slander of title and no other claims. Code of Civil Procedure §425.16 (b) (1) states that, “A cause of action against a person arising from any act of that person in furtherance of the person’s right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” In making its determination, the court is required to consider the pleadings, and supporting and opposing affidavits stating the facts upon which the liability