| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
|---|
Notice Of Defendant Delphine Cherry, In Her Official Capacity As Co-Trustee Of The Johnny J. And Margie Cherry Trust Special Motion To Strike(C.C.P. Section 425.16) First Amended Complaint
SF Superior Court - Real Property / Housing Dept 501 - CGC24618761 - June 23, 2025 Hearing date: June 23, 2025 Case number: CGC24618761 Case title: WINDY R. CHERRY VS. DELPHINE CHERRY ET AL Case Number: | | CGC24618761 | Case Title: | | WINDY R. CHERRY VS. DELPHINE CHERRY ET AL | Court Date: | | 2025-06-23 09:30 AM | Calendar Matter: | | Notice Of Defendant Delphine Cherry, In Her Official Capacity As Co-Trustee Of The Johnny J. And Margie Cherry Trust Special Motion To Strike(C.C.P. Section 425.16) First Amended Complaint | Rulings: | | Real Property/Housing Court Law and Motion calendar for June 23, 2025, line 3.
Defendant Delphine Cherry, Trustee's Special Motion to Strike First Amended Complaint (CCP 425.16) is DENIED.
As to COAs 1 - 4, Defendant failed to establish that the challenged claims "arise[] from activity protected by section 425.16." (Baral v. Schnitt (2016) 1 Cal. 5th 376, 395; Civ. Code sec. 425.16, subd. (b)(1).) As such, Defendant failed to meet its initial burden under prong one of the anti-SLAPP analysis.
As to COA 5, Plaintiff carried her "burden of demonstrating a probability of prevailing on the claim." (Smith v. Adventist Health System/West (2010) 190 Cal.App.4th 40, 52.) Thus, the Motion is denied in its entirety. =(501/CFH)
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