Hummingbird Rock Ranch Investments, LLC vs Trueconnect Mobile LLC et al
Case No: 17CV02917
Hearing Date: Wed Apr 04, 2018 9:30

Nature of Proceedings: Special Motion to Strike

Tentative Ruling: The court orders off calendar defendant Matthew Johnson’s special motion to strike plaintiff Hummingbird Rock Ranch Investments, LLC’s second amended complaint as an impermissible SLAPP, without prejudice to renewing the motion after resolution of the appeal, depending on the result of the appeal.

Background: Plaintiff Hummingbird Rock Ranch Investments, LLC brought an action for rescission or damages regarding the sale of securities allegedly induced by misrepresentations and/or omission of material facts. Defendants are Truconnect Mobile LLC; Truconnect Communications, Inc.; and Matthew Johnson, allegedly a managing member of Truconnect Mobile LLC.

Defendants filed a petition to compel arbitration and stay this proceeding pending resolution of arbitration. On March 14, the court denied that petition. On March 15, defendants appealed that ruling.

On February 16, defendant Matthew Johnson moved to strike the second amended complaint pursuant to the anti-SLAPP statute, which is scheduled for hearing on April 4.

An appeal from the denial of a motion to compel arbitration affects the entire case and automatically stays all further trial court proceedings on the merits. Varian Med. Sys., Inc. v. Delfino, 35 Cal.4th 180, 190 (2005), citing Prudential-Bache Sec., Inc. v. Superior Court, 201 Cal.App.3d 924, 925 (1988). Therefore, the court orders the motion off calendar without prejudice to renewing the motion after resolution of the appeal, depending on the result of the appeal.