Judge Robert B. Broadbelt, Case Number: 24STCV16981, Date: 2024-12-10 Tentative Ruling

Judge: Robert B. Broadbelt, Case: 24STCV16981, Date: 2024-12-10 Tentative Ruling

RESPONDING PARTIES: Plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc.

Defendant Kelli Bielema (“Defendant”) moves the court for an order striking the First Amended Complaint filed against her by plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc. (“Plaintiffs”) pursuant to Code of Civil Procedure section 425.16, also known as the anti-SLAPP (“strategic lawsuit against public participation”) statute.

The court finds that Defendant and Plaintiffs have not complied with California Rules of Court, rule 3.1113.

“Except in a summary judgment or summary adjudication motion, no opening or responding memorandum may exceed 15 pages.” (Cal. Rules of Ct., rule 3.1113, subd. (d).) That “page limit does not include the caption page, the notice of motion and motion, exhibits, declarations, attachments, the table of contents, the table of authorities, or the proof of service.” (Ibid.)

Defendant’s opening memorandum, excluding the caption page, table of contents, table of authorities, and signature page, amounts to a total of 25 pages, thereby exceeding the page limit by 10 pages. (Def. Memo., pp. 11-35.) Plaintiffs’ responding memorandum, excluding the table of contents and table of authorities, amounts to a total of 17.5 pages, thereby exceeding the page limit by 2.5 pages. (Pl. Memo., pp. 1-18.)

The court acknowledges that, on October 9, 2024, Plaintiffs, Defendant, and nonmoving defendants Gianna Massei, Christine Cassy, Phillip Blair, and Kristen Marie Nicholas lodged a joint stipulation and proposed order to permit them to file memoranda up to 25 pages in length. (Oct. 9, 2024 Stip., p. 2:5-9.) However, the parties did not file an ex parte application (1) requesting that the court enter an order on their stipulation before filing their special motions to strike with the court, or (2) requesting permission from the court to file longer memorandums supported by reasons why the arguments cannot be made within the stated limit. (Cal. Rules of Ct., rule 3.1113, subd. (e).) Further, on November 4, 2024, the court denied the parties’ stipulation. (Oct. 9, 2024 Stip., p. 1:1-3 [“The court denies the parties’ request to increase the page limits on the demurrers and special motions to strike”].) The parties did not thereafter file an ex parte application requesting leave to amend their memoranda to comply with California Rules of Court, rule 3.1113.

Thus, the court finds that it is appropriate, and therefore exercises its discretion, to continue the hearing on Defendant’s special motion to strike in order to give the parties an opportunity to file opening and responding memoranda that do not exceed 15 pages in length pursuant to California Rules of Court, rule 3.1113.

The court further notes that the opening memoranda filed in connection with the special motions to strike filed by nonmoving defendants Kristen Marie Nicholas, Phillip Blair, Christine Cassy, and Gabrielle Green, Lindsay Paluba, and Kaitlyn Davis a/k/a Kaitlyn Owens[1] also exceed 15 pages in length. (Def. Nicholas Memo., pp. 11-32 [totaling 22 pages]; Def. Blair Memo., pp. 11-35 [totaling 25 pages]; Def. Cassy Memo., pp. 12-36 [totaling 25 pages]; Defs. Green, Paluba, and Davis’s Memo., pp. 4-20 [totaling 17 pages].) Further, Plaintiffs’ responding memorandum filed in connection with defendant Kristen Marie Nicholas’s special motion to strike amounts to a little over 17 pages. (Dec. 4, 2024 Pl. Opp., pp. 1-18.)

The court finds that it is appropriate, and therefore exercises its discretion, to continue the hearings on the special motions to strike filed by nonmoving defendants Kristen Marie Nicholas, Phillip Blair, and Christine Cassy in order to give the parties an opportunity to file opening and responding memoranda that do not exceed 15 pages in length. Because the hearing on defendants Gabrielle Green, Lindsay Paluba, and Kaitlyn Davis a/k/a Kaitlyn Owens’s special motion to strike is set for February 13, 2025, the court will not continue that hearing, but will order Gabrielle Green, Lindsay Paluba, and Kaitlyn Davis a/k/a Kaitlyn Owens to file a revised memorandum no later than January 13, 2025.

The court orders that the hearing on defendant Kelli Bielema’s special motion to strike plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc.’s First Amended Complaint is continued to March 14, 2025, at 10:00 a.m., in Department 53.

The court orders that (1) defendant Kelli Bielema may file a revised opening memorandum in support of her special motion to strike that does not exceed 15 pages in length within the time permitted by Code of Civil Procedure section 1005, subdivision (b) based on the new hearing date, and (2) plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc. may file a revised responding memorandum in opposition to the special motion to strike that does not exceed 15 pages in length within the time permitted by Code of Civil Procedure section 1005, subdivision (b) based on the new hearing date.

The court orders that the hearing on defendant Kristen Marie Nicholas’s special motion to strike plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc.’s First Amended Complaint is continued from December 19, 2024 to March 19, 2025, at 10:00 a.m., in Department 53.

The court orders that (1) defendant Kristen Marie Nicholas may file a revised opening memorandum in support of the special motion to strike that does not exceed 15 pages in length within the time permitted by Code of Civil Procedure section 1005, subdivision (b) based on the new hearing date, and (2) plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc. may file a revised responding memorandum in opposition to the special motion to strike that does not exceed 15 pages in length within the time permitted by Code of Civil Procedure section 1005, subdivision (b) based on the new hearing date.

The court orders that the hearing on defendant Phillip Blair’s special motion to strike plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc.’s First Amended Complaint is continued from December 26, 2024 to March 21, 2025, at 10:00 a.m., in Department 53.

The court orders that defendant Phillip Blair may file a revised opening memorandum in support of the special motion to strike that does not exceed 15 pages in length within the time permitted by Code of Civil Procedure section 1005, subdivision (b) based on the new hearing date.

The court orders that the hearing on defendant Christine Cassy’s special motion to strike plaintiffs Amanda Swulius, Bunny’s Buddies, and The Organic Bunny, Inc.’s First Amended Complaint is continued from December 31, 2024 to March 24, 2025, at 10:00 a.m., in Department 53.

The court orders that defendant Christine Cassy may file a revised opening memorandum in support of the special motion to strike that does not exceed 15 pages in length within the time permitted by Code of Civil Procedure section 1005, subdivision (b) based on the new hearing date.

The court orders that defendants Gabrielle Green, Lindsay Paluba, and Katilyn Davis, a/k/a Kaitlyn Owens may file a revised opening memorandum in support of their special motion to strike that does not exceed 15 pages in length no later than January 13, 2025.

[1] The special motion to strike filed by defendant Amanda Goetz, set for hearing on January 2, 2025, is 15 pages and therefore complies with rule 3.1113. (Def. Goetz Memo., pp. 1-15.)

amanda swulius , et al.; Plaintiffs, vs. haely sawyer aka haely carney , et al.; Defendants.	Case No.:	24STCV16981

	Hearing Date:	December 10, 2024

	Time:	10:00 a.m.

	[tentative] Order RE: defendant’s special motion to strike first amended complaint