Judge H. Jay Ford, III, Case Number: 22SMCV01153, Date: 2024-01-25 Tentative Ruling

Judge: H. Jay Ford, III, Case: 22SMCV01153, Date: 2024-01-25 Tentative Ruling

Case Number: 22SMCV01153 Hearing Date: March 21, 2024 Dept: O

Case Name: Tenser v. GHN Productions, Inc. et al.

Case No.:	22SMCV01153	Complaint Filed:	7-18-22
Hearing Date:	3-21-24	Discovery C/O:	N/A
Calendar No.:	3	Discovery Motion C/O:	N/A
POS:	OK	Trial Date:	None

SUBJECT: MTS DEFENDANT JAY LEVINE’S SPECIAL MOTION TO STRIKE PURSUAN TO CCP § 425.16

MOVING PARTY: Plaintiff Adam J. Tenser

RESP. PARTY: Defendant Jay Levine

TENTATIVE RULING

Plaintiff Adam J. Tenser’s Motion to Strike Defendant Jay Levine’s anti-SLAPP Motion is DENIED.

Tenser argues that Levine’s SLAPP motion was brought more than 60 days after Levine was served with the Complaint on 8-10-23, and thus subject to a motion to strike as untimely. (Motion, p. 8.) Levine shows the alleged 8-10-23 service was ineffective, as admitted by Tenser in an email exchange with Counsel Sager (Sager Decl., ¶ 10, Ex. 10) The evidence shows Levine was not served until personal service was effected on 1-22-24 (Sager Decl., ¶ 11, Ex. 11.) Levine shows his 2-21-24 SLAPP motion is timely as it was filed within 60 days from the 1-22-24 service date of the complaint. (Sager Decl., ¶¶ 14, 15, 16.)