Dept. F-47

Date: 9/1/21

Case #21CHCV00042

SPECIAL MOTION TO STRIKE

Motion filed on 2/25/21.

MOVING PARTY: Defendants Barbara Nania, Brett A. Berman and The Berman Law Group, APC

RESPONDING PARTY: Plaintiff Alma D. Rivera

NOTICE: ok

RELIEF REQUESTED: An order, pursuant to CCP 425.16, striking Plaintiff’s Complaint for Disparagement of Title against Defendants Barbara Nania, Brett A. Berman and The Berman Law Group, APC.

Defendants also request an award of attorneys’ fees and costs pursuant to CCP 425.16(c) in the amount of $4,860.00.

RULING: The motion is denied. Plaintiff’s request for an award of attorney’s fees and costs is denied.

FACTUAL BACKGROUND & PROCEDURAL HISTORY

On 4/28/08, a dissolution of marriage action was filed by Henrik Johansen against Barbara Nania, one of the defendants in this action. Johansen and Nania had a community business and during the marriage, they acquired a parcel of commercial property for the operation of the business. That property was sol