Motions: Defendant’s Special Motion to Strike and Demurrer
Tentative Ruling:
To grant the special motion to strike the complaint on the ground it is a strategic lawsuit against public participation (SLAPP) action. (Code of Civ. Proc. §425.16.) To find the demurrer moot.
Explanation:
First Amended Complaint
As a preliminary matter, the Court notes that Plaintiff filed his complaint on January 8, 2018. Defendant filed its special motion to strike and demurrer on March 8, 2018. Plaintiff then filed a first amended complaint on April 16, 2018. It is improper to file an amended pleading pending a special motion to strike. (Jackson v. Mayweather (2017) 10 Cal.App.5th 1240, 1263; Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1055.) As the parties have stipulated to a modified schedule for Defendant’s response to the first amended complaint, the Court addresses the instant motions as directed to the original complaint, rather than striking the first