Judge: Glenn R. Salter, Case: 22-1257324, Date: 2022-12-01 Tentative Ruling

Motion for Reconsideration

The motion for reconsideration is GRANTED so that the issue of federal preemption may be considered.

Motion to Strike (Anti-SLAPP Motion)

The motion to strike is DENIED for the reasons given in the court’s minute orders of August 22, 2022 (ROA 50), September 12, 2022 (ROA 73), and October 17, 2022 (ROA 110).

As to the issue of federal preemption, the court finds that federal law controls because defendant St. Mary’s School has admitted it received federal funds.  See, in support, the plaintiffs’ supplemental brief filed October 31, 2022, and the cases cited therein.  (ROA 141.)

Notice

The order denying the motion to strike is effective immediately because there is a valid question as to whether an appeal based on the denial of the motion for reconsideration must be filed to-day.

The plaintiff shall give notice.