Judge: Ronald F. Frazier, Case: 37-2022-00023732-CU-DF-CTL, Date: 2023-10-06 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - October 05, 2023

10/06/2023  08:30:00 AM  C-65 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Ronald F. Frazier

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Civil - Unlimited  Defamation SLAPP / SLAPPback Motion Hearing 37-2022-00023732-CU-DF-CTL AGUIRRE VS CYNTHIA S KINCADE & CHARLES KINCADE [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion to Strike, 03/28/2023

Defendants' Special Motion to Strike Plaintiff's Fourth Amended Complaint Pursuant to CCP § 425.16 is ordered OFF CALENDAR. (ROA 44.) Plaintiff commenced this action on June 16, 2022 by way of the filing of his initial Complaint. (ROA 1).

A plaintiff may amend their complaint once without leave of court. (Code Civ. Proc. § 472(a).) Plaintiff had legal authority to amend one time, and did so by way of the filing of his First Amended Complaint.

(ROA 15.) Thereafter, Plaintiff filed a Second Amended Complaint on November 18, 2022 (ROA 16), a Third Amended Complaint on February 1, 2023 (ROA 30), a Fourth Amended Complaint on February 3, 2023 (ROA 34), and a Fifth Amended Complaint on April 5, 2023 (ROA 51.) Plaintiff was required to obtain leave of court before amending his complaint. (Code Civ. Proc. § 473(a)(1).) However, Plaintiff did not do so.

Accordingly, the court orders Plaintiff's Second, Third, Fourth, and Fifth Amended Complaints stricken on its own motion. (Code Civ. Proc. § 436(b); see also Loser v. E.R. Bacon Co. (1962) 201 Cal.App.2d 387, 'A court may, by virtue of its inherent power to prevent abuse of its processes, strike an amended complaint which is filed in disregard of established procedural processes.') In light of this ruling, the court also orders Defendants' October 20, 2023 Demurrer to the Fourth Complaint and Plaintiff's January 19, 2024 Motion for Dismissal of Anti-SLAPP Motion VACATED.

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