WINDY R. CHERRY VS. DELPHINE CHERRY ET AL
Notice Of Defendant Delphine Cherry, An Individual'S Special Motion To Strike(C.C.P. Section 425.16) First Amended Complaint
Motion type
Parties
Ruling
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, An Individual'S 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, an Individual'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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