Defendants’ Motion to Permit Deposition of Farid Nadjibi and Continue Hearing Dates of Anti-SLAPP Motion and Demurrer is DENIED, in part, as to the request to take the deposition of Farid Nadjibi. There is no basis for this request since the Court will not consider Plaintiff’s new allegations made for the first time in the opposition, which appear nowhere in the complaint.

The motion is GRANTED, in part, as to Defendants’ request to have the anti-SLAPP motion and demurrer heard on the same date. The hearing on the anti-SLAPP motion and demurrer, therefore, are advanced from December 17, 2018 and December 18, 2018, respectively, to _______________. Plaintiffs’ opposition to each having already been filed, Defendants’ reply to each are due in accordance with CCP section 1005(b). Otherwise, no further briefing is allowed.

Background:

On August 8, 2018, Plaintiff Debtor in Possession DDC Group, Inc. (“DDC”) commenced this action against Luis Anthony Rios (“Rios”) and Infill Construction