TIERNAN VS. KALIN

Case No.: MSC20-01306    

HEARING ON MOTION TO/FOR STRIKE PLAINTIFFS SECOND CAUSE FOR

NUISANCE FILED BY ALAN ROGER KALIN

* TENTATIVE RULING: *

Before the Court is Defendant Alan Kalin's special motion to strike the second cause of action of Plaintiff's complaint for nuisance pursuant to Code of Civil Procedure § 425.16 ("anti-SLAPP Motion"). For the reasons set forth, the motion is granted in part. The following allegations related to the second cause of action for private nuisance shall be stricken from Plaintiff's complaint: paragraph 13, page 5, lines 11-12 ["and encouraged others to use Calle Arroyo, for

recreational purposes"]; paragraph 21 in its entirety; paragraph 22, second sentence ["Defendant's encouragement of the general public to violate the judgment is damaging Plaintiff's property value, causing an increase in potential liability for Plaintiff if someone is injured while on his property, interfering with Plaintiff's use and enjoyment ........