Judge H. Jay Ford, III, Case Number: 24SMCV04474, Date: 2025-04-15 Tentative Ruling

Case Name: Bills, et al v. Leguizamon, et al.

Case No.: 24SMCV04474 Complaint Filed: 9-18-24

Hearing Date: 4-15-25 Discovery C/O: N/A

Calendar No.: 13 Discovery Motion C/O: N/A

POS: OK Trial Date: None

SUBJECT: SPECIAL MOTION TO STRIKE PURSUANT TO CCP § 425.16 (ANTI-SLAPP)

MOVING PARTY: Defendants Milagros Leguizamon and Kyle Garibaldi

RESP. PARTY: Plaintiffs Barbara Bills and WIB Holdings LLC

Defendants Milagros Leguizamon and Kyle Garibaldis’ Special Motion to Strike Pursuant to CCP § 425.16 (anti-SLAPP) is GRANTED. The Complaint, in its entirety is ordered stricken and a judgment of dismissal be entered in favor of Plaintiff’s and against both defendants.

Defendants meet their initial burden to show that the causes of action within Plaintiffs Barbara Bills and WIB Holdings LLCs’ Complaint arise out of protected activity pursuant to CCP § 425.16(e). Plaintiffs do not meet their burden to show a probability of prevailing on their claims. Plaintiff’s stipulate to granting the motion as to Barabara Bills and to dismiss the complaint as to WIB Holdings LLC. The Court rejects Defendants’ argument on behalf of WIB Holdings LLC that the motion cannot be granted as to WIB Holdings LLC. The fact that the complaint was signed and filed by WIB Holdings LLC’s manager, Barbra Bills, and not a licensed attorney, does not preclude Defendants from seeking to strike the complaint under CCP §425.16 and ordering a judgment of dismissal be entered in favor of defendants and against both plaintiffs.

Defendants mary file a separate motion to address attorneys’ fees and costs as the prevailing party under CCP § 425.16.