2013-00156018-CU-PO

Tamara Evans vs. Enterprise Holdings Inc

Nature of Proceeding:   Motion to Strike (SLAPP)

Filed By:  Stephen, Paul E.

On motion of the court, this matter is continued to 6/30/2014 at 09:00AM in this
department.  If the new date is inconvenient for any party, then counsel shall meet and
confer and, no later than 4:00PM today, inform the Department 54 Clerk of their
request for a subsequent date.

After reviewing its file in conjunction with the instant special motion to strike, the court
has developed concerns that no document has been filed with the court making
defendant and moving party Enterprise Rent-A-Car Company of Sacramento, LLC
(“Enterprise”) a party to the action.  Enterprise is not named in the original complaint,
and the court finds no amended complaint or Doe amendment joining Enterprise to the
action.  The court’s file does indicate that Plaintiff Tamara Evans (“Evans”) attempted
twice to file “non-Doe” amendments to the complaint, perhaps to join Enterprise.
However, the court rejected both amendments on grounds that there was no
accompanying motion to amend.  Hence, notwithstanding that Enterprise has
submitted to the court’s personal jurisdiction, there do not appear to be any causes of
action against Enterprise for the court to strike.

The court further notes an ambiguity in the legal briefs that bears upon the propriety of
Enterprise’s participation in the action.  At one point in the moving papers, Enterprise
indicates that it uses the “brand name” of named Defendant National Car Rental
(“National”).  (Moving Memo. at 1:1-7.)  The court’s file contains proof that service of
summons upon National was effected on January 16, 2014.  In its Reply dated
05/23/14, however, Enterprise indicates that it was “only recently served in this
matter,” which would indicate that service upon National did not constitute service on
Enterprise.  (See Reply at 2:18-21.)  Hence, the court is unable to determine whether
Enterprise contends that it operates as National’s d/b/a.  If Enterprise and National are
one and the same, then both Enterprise and the instant motion are properly before the
court.  On the other hand, if Enterprise and National are distinct entities, then
Enterprise must be separately joined in the action before it may appear.

No later than June 23, 2014, each side shall file and serve a supplemental brief, with
exhibits if appropriate, expressing her/its position on the legal basis for Enterprise’s
participation in the action.  If both sides agree that Enterprise has not been properly
joined, however, then they may file a joint statement asking the court to drop the
instant motion to strike.