Judge: Nick A. Dourbetas, Case: 2020-01137118, Date: 2022-08-05 Tentative Ruling

1. Motion for Attorney Fees

2. Motion to Consolidate for Purposes of Trial

3. Motion to Strike Complaint

Motion No. 1 - Attorney Fees:

Defendants Alexander Allen and Sunyata, LLC’s motion for attorney fees incurred on appeal is GRANTED.  (Code Civ. Proc., § 425.16, subd. (c) [authorizing attorney fees to prevailing defendant on anti-SLAPP motion]; Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi (2006) 141 Cal.App.4th 15, 21-22 [recoverable fees and costs include those incurred on the motion to strike itself, subsequent fee motions, and fees /costs associated with appeal].)  Defendants are awarded attorney fees in the amount of $22,485.00, which the court finds were reasonably and necessarily incurred as follows:

1.       9-30-21 invoice        $1,147.50

2.       10-31-21 invoice      $7,203.50

3.       11-30-21 invoice      $8,912.00

4.       12-31-21 invoice      $   270.00

5.       1-31-22 invoice        $3,287.00

6.       2-28-22 invoice        $   810.00

7.       3-31-22 invoice        $   405.00

8.       Appearance:            $   450.00

TOTAL:                             $22,485.00

Plaintiff’s request for judicial notice is GRANTED.  (Evid. Code, § 452, subd. (d)(1) [court records].) 

Moving defendants shall give notice.

Motion No. 2 – Strike Third Amended Complaint:

Defendants Alexander Allen and Sunyata, LLC’s motion to strike plaintiff Pam Ragland’s Third Amended Complaint [TAC] in its entirety is DENIED.  (Harlan v. Department of Transportation (2005) 132 Cal.App.4th 868, 874 [court’s discretion to permit filing of amended pleading after time allowed for amendment].)

Defendants Alexander Allen and Sunyata, LLC’s alternative request to strike the 2nd, 3rd, 7th, 8th, 9th, and 10th causes of action of the SAC is GRANTED.  (Code Civ. Proc., §§ 435, 436.)  The court granted these moving defendants’ special motion to strike these causes of action in the First Amended Complaint, and subsequently granted defendants’ motion to strike these causes of action in the Second Amended Complaint. Thus, for plaintiff to re-assert these claims against moving parties in the current TAC is not “in conformity with the laws of this state … or an order of the court.”  (Code Civ. Proc., § 436, subd. (b).)

Plaintiff has not shown how this issue can be cured by amendment; accordingly, the motion is granted without leave to amend.

Moving defendants’ request for judicial notice is GRANTED.  (Evid. Code, § 452, subd. (d).) 

Plaintiff’s request for judicial notice is GRANTED as to Exs. 2, 3, 4, and 7 (Evid. Code, § 452, subd. (d)), and otherwise DENIED.

Moving defendants shall give notice.

Motion No. 3 - Consolidate:

Plaintiff Pam Ragland’s motion to consolidate the instant action with Case No. 2021-01229478 is CONTINUED to 9-30-22 at 9:30 AM in Dept. C14, in order for the parties to provide further information as to the status of Ms. Ragland’s appeal in Case No. 2021-01229478.

Plaintiff may file and serve a supplemental brief, at least nine court days prior to the continued hearing date, advising of the status of any appeal in Case No. 2021-01229478, and any future hearing dates or pending actions in that case.  Defendants may file and serve a supplemental brief, at least five court days prior to the continued hearing date, addressing these same issues, as well as any issues raised in plaintiff’s supplemental brief.  Supplemental briefs are limited to five pages, exclusive of declarations or exhibits.

Defendant Sunyata, LLC shall give notice.