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
Hearing Date
June 05, 2018
Type
08 Unlimited - Civil Rights
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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