Judge: Armen Tamzarian, Case: 24STCV01838, Date: 2024-05-15 Tentative Ruling

Case Number: 24STCV01838    Hearing Date: May 15, 2024    Dept: 52

Defendants Saran Phiraphittayaphong, Naomi Tran, and Sokchi Yi’s Special Motion to Strike

Under Code of Civil Procedure section 425.16, defendants Saran Phiraphittayaphong, Naomi Tran, and Sokchi Yi specially move to strike all causes of action alleged against them by plaintiffs 920 Everett Street, LLC, Victoria Vu, and Jerome Fink. 

The court has lost jurisdiction to rule on this motion.  “[I]f a plaintiff voluntarily dismisses the case prior to the hearing on the anti-SLAPP motion, the court loses jurisdiction to rule on the anti-SLAPP motion, but retains the limited jurisdiction to consider the merits of the motion in order to decide if attorney fees and costs should be awarded the successful defendants.  [Citation.]  In short, the dismissal is given effect, but the defendant does not lose its anti-SLAPP right to recover fees if its motion would have been successful.”  (Dickinson v. Cosby (2017) 17 Cal.App.5th 655, 679.)  On April 19, 2024, plaintiffs voluntarily dismissed the action without prejudice as against the three moving defendants.  The court therefore cannot rule on the motion. 

The notice of motion states defendants Phiraphittayaphong, Tran, and Yi move for an order “awarding Defendants’ attorney’s fees and costs in an amount to be determined by subsequently noticed motion.”  (Notice of Motion, p. 2.)  The moving defendants have not yet sought attorney fees under Code of Civil Procedure section 425.16(c). 

Defendants Saran Phiraphittayaphong, Naomi Tran, and Sokchi Yi’s special motion to strike is moot.