Special Motion to Strike (Anti-SLAPP Motion); Request for Judicial Notice
2026CUDF058591: GREG CAMARILLO vs LATICHA PEREZ 06/05/2026 in Department 41 Hearing on Special Motion to Strike (Anti-SLAPP Motion)
Below is the Courts tentative decision with respect to the matter on calendar. The Court may adopt, modify, or change the tentative ruling after hearing. The tentative ruling has no legal effect unless and until adopted by the Court.
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2026CUDF058591: GREG CAMARILLO vs LATICHA PEREZ
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Tentative Decision:
Defendant Laticha R. Perezs Special Motion to Strike Complaint and Request for Attorneys Fees.
Defendant Laticha R. Perezs Request for Judicial Notice is GRANTED. (Evid. Code, § 452, subd. (d).) Defendant Laticha R. Perezs Special Motion to Strike the Complaint is GRANTED. The moving party has sustained her burden of proof.
Ruling on a special motion to strike involves a two-prong inquiry and a shifting burden. The initial burden is on the moving party to demonstrate that the plaintiffs cause of action against the defendant falls within the ambit of Code of Civil Procedure section 425.16. If the moving defendant satisfies that initial burden, the burden shifts to the plaintiff to demonstrate a
2026CUDF058591: GREG CAMARILLO vs LATICHA PEREZ
probability of prevailing on its claims. (Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 67.)
In order for a cause of action to fall within the ambit of the anti-SLAPP statute, it must [arise] from any act of that person in furtherance of the persons right of petition or free speech under the United States or California Constitution in connection with a public issue. (Code Civ. Proc. § 425.16(b)(1).) In determining whether a defendant has satisfied its burden on the first prong, a trial court may consider the parties pleadings and declarations submitted by both the moving and opposing parties. (Brill Media Co., LLC v. TCW Group, Inc. (2005) 132 Cal.App.4th 324, 329, 339.)
Code of Civil Procedure section 425.16, subdivision (e) sets forth four subcategories of conduct that constitute act[s] in furtherance of a persons right of petition or free speech under the United States or California Constitution in connection with a public issue. Here, Defendant has made a threshold showing that her written statements in her DVRO arise from protected activity pursuant to Code of Civil Procedure section 425.16, subdivision (e). Thus, the burden of proof has shifted to Plaintiff to demonstrate a probability of prevailing on his claim. To date, the motion is not opposed. As such, Plaintiff has not met his burden. Accordingly, this motion is granted.
Finally, as the motion is being granted Defendant is entitled to attorneys fees pursuant to Code of Civil Procedure, subdivision (c)(1). Defendant should proceed by noticed motion to obtain such fees. (Bel Air Internet, LLC v. Morales (2018) 20 Cal.App.5th 924, 946.)
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