Case Number: 18STLC14126 Hearing Date: February 06, 2020 Dept: 25

SPECIAL MOTION TO STRIKE (ANTI-SLAPP)

(CCP § 425.16)

TENTATIVE RULING:

Defendant Valeri Gilbert’s Anti-SLAPP Motion is DENIED.

OPPOSITION: Filed on January 27, 2020 [X] Late

REPLY: Filed on January 30, 2020 [ ] Late

I. Background & Discussion

On November 20, 2018, Plaintiff Daniel P. Willsey (“Plaintiff”) filed an action for abuse of process, malicious prosecution, fraud, breach of contract, and declaratory relief against Defendants Ratner Gleason Investment, LLC, Ratner Property Management, Inc., Valerie E. Gilbert (“Gilbert”), and the Prahledkusum Trust (collectively, “Defendants”).

On May 5, 2019, Gilbert filed the instant Motion Pursuant to CCP § 425.16 (the “Motion”). The Court notes that this Motion was filed as to Plaintiff’s original Complaint, which is no longer the operative pleading as a First Amended Complaint was filed on October 28, 2019.

Regardless, in a limited jurisdiction court, “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.” (Code Civ. Proc., § 92, subd. (d).) The Court of Appeal held: “Thus, construing section 92(d) to permit anti-SLAPP motions to be brought in limited civil cases would undermine the Legislature’s goal of efficient and cost-effective litigation in such cases. [¶] For all these reasons, we conclude that section 92(d) precludes a defendant from bringing a special motion to strike in a limited civil case.” (1550 Laurel Owner’s Association, Inc. v. Appellate Division of Superior Court of Los Angeles County (2018) 28 Cal.App.5th 1146, 1158.)

Thus, the Motion is DENIED.

II. Conclusion & Order

For the foregoing reasons, Defendant Valeri Gilbert’s Anti-SLAPP Motion is DENIED.

Moving party is ordered to give notice.