The Court's tentative ruling is to:
(i) Find that the Court's October 22, 2009 Rulings on other Cross-Defendants' special motions to strikes portions of Defendants Freddy Buraye's and Cosmopolitan Limousine Service, Inc.'s Cross-Complaint did not eliminate the sixth cause of action for abuse of process in the Cross-Complaint as asserted against Cross-Defendant Paul Iaccone.
Find that Defendants' filing of a 1st Amended Cross-Complaint did not moot Cross-Defendant Iaccone's special motion to strike. (See, e.g., Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054-1056.)
(ii) Deny Defendants' request for a ruling without a hearing or an order continuing the hearing on Cross-Defendant Iaccone's special motion to strike pursuant to Code of Civil Procedure § 425.16, on the ground that Defendants fail to demonstrate any sufficient basis for granting these requests.
(iii) Find that Cross-Defendant Iaccone satisfies his initial burden as the party
Hearing Date
December 17, 2009
Category
Civil - Unlimited
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The Court's tentative ruling is to:
(i) Find that the Court's October 22, 2009 Rulings on other Cross-Defendants' special motions to strikes portions of Defendants Freddy Buraye's and Cosmopolitan Limousine Service, Inc.'s Cross-Complaint did not eliminate the sixth cause of action for abuse of process in the Cross-Complaint as asserted against Cross-Defendant Paul Iaccone.
Find that Defendants' filing of a 1st Amended Cross-Complaint did not moot Cross-Defendant Iaccone's special motion to strike. (See, e.g., Sylmar Air Conditioning v. Pueblo Contracting Services, Inc. (2004) 122 Cal.App.4th 1049, 1054-1056.)
(ii) Deny Defendants' request for a ruling without a hearing or an order continuing the hearing on Cross-Defendant Iaccone's special motion to strike pursuant to Code of Civil Procedure § 425.16, on the ground that Defendants fail to demonstrate any sufficient basis for granting these requests.
(iii) Find that Cross-Defendant Iaccone satisfies his initial burden as the party