American Lending Center Holdings Inc. v. Zhou

# Case Name 1 American Lending Center Holdings Inc. vs. Zhou

2025-01507222 Motion for Sanctions

Continued 2 Bowie vs. NuEyes Technologies, Inc.

2025-01501793 Motion to Strike - Anti SLAPP

The Court denies Cross-Defendants Fraser G. Bowie and The Bowie Group LLC’s Anti-SLAPP Motion directed to the cross-complaints of Mark Greget and NuEyes Technologies, Inc. found in ROA 31 and 34.

The pleadings at issue are entitled “Defendant Mark Gregret’s First Amended Answer To Plaintiffs’ Unverified Complaint For Damages And Declaratory Relief; And Counterclaims” and “Defendant NuEyes Technologies, Inc.’s Answer To Plaintiffs’ Unverified Complaint For Damages And Declatory Relief; And Counterclaims”.

Legal Standard

Code Civ. Proc. §425.16 provides in relevant part: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. Cal. Code Civ. Proc. § 425.16(a).

The court’s determination of an anti-SLAPP motion is a two-step process.

First, the court determines if the party moving to strike a cause of action has met its initial burden to show that the cause of action arises from an act in furtherance of the moving party's right of petition or free speech. Then, if the court determines that showing has been made, the court determines whether the opposing party has demonstrated a probability of prevailing on the claim. Navelier v. Sletten (2002) 29 Cal.4th 82, 88.