Case Name: Anthony Tran v. Advanced Technologies Innovations, Inc., et al.
Case No.: 16-CV-292520

Currently before the Court are the following matters: (1) the special motion by plaintiff and cross-defendant Anthony Tran (“Tran”) to strike portions of the first amended cross-complaint (“FAXC”) of defendants and cross-complainants Apache Tech, Inc., Advanced Technologies Innovation, Inc., and Andre LaForge (“LaForge”) (collectively, “Cross-Complainants”) under Code of Civil Procedure section 425.16; (2) the demurrer by Tran to the FAXC of Cross-Complainants under Code of Civil Procedure section 430.10; and (3) the motion by Tran to strike portions of the FAXC of Cross-Complainants under Code of Civil Procedure sections 435 and 436.

Factual and Procedural Background

This is an action stemming from a failed partnership venture. On August 2, 2017, Cross-Complainants filed the operative FAXC against Tran, alleging claims for: (1) tortious interference with contract; (2) tortious interference with contract; (3) tortious interference with contract; (4) intentional interference with prospective economic relations; (5) trade libel; (6) trademark infringement; (7) unfair competition; (8) breach of fiduciary duty; and (9) fraudulent transfer. That same day, Cross-Complainants served Tran with the FAXC via U.S. mail.

On October 5, 2017, Tran filed his original notices of special motion to strike, demurrer, and motion to strike. Later that month, Tran filed an amended notice of motion to strike portions of the FAXC under Code of Civil Procedure sections 435 and 436.

Several months later, on December 14, 2017, Tran filed a second amended notice of motion to strike portions of the FAXC under Code of Civil Procedure sections 435 and 436. Cross-Complainants filed papers in opposition to the Tran’s motion to strike on December 22, 2017.

On December 26, 2017, Tran filed an amended notice of special motion to strike portions of the FAXC under Code of Civil Procedure section 425.16 and an amended notice of demurrer.

On January 10, 2018, Cross-Complainants filed papers in opposition to Tran’s special motion to strike. That same day Tran filed corrected declarations in support of his special motion to strike, demurrer and motion to strike.

Two days later, Tran filed a reply in support of his motion to strike portions of the FAXC under Code of Civil Procedure sections 435 and 436. He also filed an “Objection to Late Opposition Served on His Motion to Strike Under CCP §425.16” and an “Objection to Late/Non-Opposition to His Demurrer.”

Discussion

I. Tran’s Demurrer to the FAXC

Cross-Complainants did not file any papers in opposition to Tran’s demurrer to the FAXC. Because Cross-Complainants do not oppose Tran’s demurrer to the FAXC, Tran’s demurrer to the FAXC is SUSTAINED with 10 days’ leave to amend.

II. Tran’s Special Motion to Strike Portions of the FAXC Under Code of Civil Procedure Section 425.16

Pursuant to Code of Civil Procedure section 425.16, Tran moves to strike the following portions of the FAXC: “deposition of Tran” (FAXC, ¶ 22); “unilaterally and without authority named himself the manager and chief executive officer of Apache Technology LLC” (id. at ¶ 28, lines 21-23); “creating various business entities” (id. at ¶ 51, lines 7-8); paragraphs 57 and 58; “Cross-Defendants, and each of them, knew or should have known these published statements were false” (id. at ¶ 59); paragraph 60; paragraph 61, lines 6-11; and paragraphs 62 and 66. (Tran’s Amended Ntc. of Special Mtn. to Strike, pp. 2:25-3:13.)

Given the ruling on Tran’s demurrer to the FAXC, Tran’s special motion to strike portions of the FAXC under Code of Civil Procedure section 425.16 is deemed MOOT.

III. Tran’s Motion to Strike Portions of the FAXC Under Code of Civil Procedure Sections 435 and 436

Given the ruling on Tran’s demurrer to the FAXC, Tran’s motion to strike portions of the FAXC under Code of Civil Procedure sections 435 and 436 is also deemed MOOT.