TREVINO v. TREVINO
CASE NO.: 18NWCV00181
HEARING: 06/18/19
JUDGE: LORI ANN FOURNIER
#1
TENTATIVE ORDER
Defendant Stoner’s motion to strike (Anti-SLAPP) pursuant to CCP 425.16 is DENIED.
Plaintiff to give NOTICE.
Defendant Stoner moves for an order striking Plaintiff’s Complaint pursuant to CCP 425.16.
The moving party bears the initial burden of showing that the action falls within the class of suits subject to the special motion to strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30 Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not first establish that his actions are constitutionally protected under the First Amendment as a matter of law. (Wilcox v. Superior Court, supra, 17 Cal.App.4th at 820.) However, a defendant is required to make a prima facie showing that plaintiff’s suit arises from any act of defendant in furtherance of his right to petition or his right of free speech under t
Hearing Date
June 18, 2019
Type
Other Commercial/Business Tort (not fraud/ breach of contract) (General Jurisdiction)
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TREVINO v. TREVINO
CASE NO.: 18NWCV00181
HEARING: 06/18/19
JUDGE: LORI ANN FOURNIER
#1
TENTATIVE ORDER
Defendant Stoner’s motion to strike (Anti-SLAPP) pursuant to CCP 425.16 is DENIED.
Plaintiff to give NOTICE.
Defendant Stoner moves for an order striking Plaintiff’s Complaint pursuant to CCP 425.16.
The moving party bears the initial burden of showing that the action falls within the class of suits subject to the special motion to strike. (Matson v. Dvorak (1995) 40 Cal.App.4th 539, 548; Dixon v. Superior Court (1994) 30 Cal.App.4th 733, 742; Wilcox v. Superior Court (1994) 17 Cal.App.4th 809, 819.) A defendant need not first establish that his actions are constitutionally protected under the First Amendment as a matter of law. (Wilcox v. Superior Court, supra, 17 Cal.App.4th at 820.) However, a defendant is required to make a prima facie showing that plaintiff’s suit arises from any act of defendant in furtherance of his right to petition or his right of free speech under t