Defendant, Erik Matsuno moves for an order striking the First Amended Complaint filed by plaintiff, Tritaporn Sirisup and Angelina Sirisup, a minor through Tritaporn Sirisup, and awarding sanctions against plaintiff and his counsel of record in the sum of $8,625.
As a threshold matter, the Opposition was untimely as it was filed and served two days late. Nevertheless, the Court will consider the Opposition.
Courts engage in a two-step evaluation process to determine whether an action is subject to a special motion to strike under Code of Civil Procedure section 425.16. First, the Court determines whether the defendant has made a prima facie showing that the complaint “arises from” defendant’s constitutionally-protected free speech or petition activity. (Code Civ. Proc. §425.16(b); Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.App.4th 449, 458-459.) Once the defendant makes such prim
Hearing Date
December 03, 2020
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Defendant, Erik Matsuno moves for an order striking the First Amended Complaint filed by plaintiff, Tritaporn Sirisup and Angelina Sirisup, a minor through Tritaporn Sirisup, and awarding sanctions against plaintiff and his counsel of record in the sum of $8,625.
As a threshold matter, the Opposition was untimely as it was filed and served two days late. Nevertheless, the Court will consider the Opposition.
Courts engage in a two-step evaluation process to determine whether an action is subject to a special motion to strike under Code of Civil Procedure section 425.16. First, the Court determines whether the defendant has made a prima facie showing that the complaint “arises from” defendant’s constitutionally-protected free speech or petition activity. (Code Civ. Proc. §425.16(b); Equilon Enterprises, LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 61; Governor Gray Davis Committee v. American Taxpayers Alliance (2002) 102 Cal.App.4th 449, 458-459.) Once the defendant makes such prim