SUBJECT: Special Motion to Strike to First Amended Complaint
Moving Party: Defendant Nasrin Nino (as an individual; as General Partner of Antone Nino and Nasrin Shakeri Nino, a California general partnership; and as Nasrin Nino, Trustee of the Antone Elias Nino and Nasrin Shakeria Nino AB Living Trust)
Resp. Party: Plaintiff Jeffrey Siegel (suing in his capacities as Administrator of the Estate of Antone Elias Nino, as Nino’s personal representative and successor in interest, and also suing derivatively and for the benefit of Antone Nino and Nasrin Shakeri Nino, a partnership)
The Special Motion to Strike the entire FAC is DENIED.
PRELIMINARY COMMENTS:
It was improper for Defendant Nasrin to file a special motion to strike as the “motion to strike” under a “Demurrer with Motion to Strike” reservation. There is authority for the regular motion to strike to be filed concurrently with a demurrer and heard at the same time. (CRC, Rule 3.1322(b) [“A notice of motion to strike must be g
Hearing Date
January 23, 2020
Type
Other Real Property (not eminent domain, landlord/tenant, foreclosure) (General Jurisdiction)
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SUBJECT: Special Motion to Strike to First Amended Complaint
Moving Party: Defendant Nasrin Nino (as an individual; as General Partner of Antone Nino and Nasrin Shakeri Nino, a California general partnership; and as Nasrin Nino, Trustee of the Antone Elias Nino and Nasrin Shakeria Nino AB Living Trust)
Resp. Party: Plaintiff Jeffrey Siegel (suing in his capacities as Administrator of the Estate of Antone Elias Nino, as Nino’s personal representative and successor in interest, and also suing derivatively and for the benefit of Antone Nino and Nasrin Shakeri Nino, a partnership)
The Special Motion to Strike the entire FAC is DENIED.
PRELIMINARY COMMENTS:
It was improper for Defendant Nasrin to file a special motion to strike as the “motion to strike” under a “Demurrer with Motion to Strike” reservation. There is authority for the regular motion to strike to be filed concurrently with a demurrer and heard at the same time. (CRC, Rule 3.1322(b) [“A notice of motion to strike must be g