Janice A Cappitelli vs. Giuseppina M Simone

Case No.: 37-2017-00018707-CU-NP-CTL    

The motion for sanctions, filed by plaintiff Janice Cappitelli, is denied.


Preliminary Matters

Plaintiff's request for judicial notice is granted.


Background and Discussion

Plaintiff Janice Cappitelli filed this malicious prosecution action against her ex-husband (Giuseppe Simone) and Giuseppe's brother (Francesco Simone) and mother (Giuseppina Simone). On November 6, 2017, the Court granted Giuseppe and Francesco's special motions to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16.

Francesco also filed a demurrer, but the demurrer was mooted by the ruling on his anti-SLAPP motion. Plaintiff seeks an award of $2,405 in sanctions against the law firm of Simone & Associates for filing a frivolous demurrer.

By filing the demurrer Francesco's counsel certified that to the best of their "knowledge, information and belief, formed after an inquiry reasonable unde........