Judge: Stephen P. Pfahler, Case: 23STCV25969, Date: 2024-08-26 Tentative Ruling

Case Number: 23STCV25969    Hearing Date: August 26, 2024    Dept: 68

Dept. 68

Date: 8-26-24 c/f 7-30-24

Case #23STCV25969

SPECIAL MOTION TO STRIKE

MOVING PARTY: Defendant, Robert Chandler

RESPONDING PARTY: Unopposed/Plaintiff, Joseph Watson

RELIEF REQUESTED

Special Motion to Strike the Complaint

SUMMARY OF ACTION

Joseph Watson, in pro se, a property owner within a homeowners association governed by Montara Estates, Inc. and/or Riverpride Higins, LLC, and managed by NiM Property Management, alleges violations of the Davis-Sterling Act based on “fabricated meeting” minutes. Plaintiff also alleges substandard maintenance of common areas, thereby impacting the value of said property/ies.

On October 24, 2023, Plaintiff filed a verified complaint for 1. Violations Of The Davis-Stirling Act, Seeking Statutory Penalties, Monetary Damages, And Injunctive Relief 2. Defamation (Slander), Seeking Monetary and Statutory Damages 3. Breach Of HOA Governing Documents Under Civil Code § 5975 4. Intentional Infliction Of Emotional Distress Seeking Monetary Damages 5. Breach Of Contract Based On Bad Faith Denial Of Insurance Claim, and 6. Negligence.

On May 29 and June 3, 2024, Plaintiff dismissed Defendants Robert Chandler and John Lowenthal. On June 3, 2024, Defendant Montara Estates, Inc. answered the complaint. On June 17, 2024, Plaintiff dismissed Gary Selvin. On June 18, 2024, Terry Kinsfather answered the complaint.

RULING: Moot/Off-Calendar.

Defendant Robert Chandler moves for a special motion to strike the complaint on grounds that Plaintiff both improperly named Chandler, the attorney for Defendant homeowner association, and the underlying claims lack merit.  The court electronic filing system shows no opposition or reply at the time of the tentative ruling publication cutoff. Plaintiff in fact dismissed Chandler on May 29, 2024—21 days after the May 8, 2024, filing of the special motion to strike.

The court therefore takes the motion off-calendar, and finds the motion moot. In taking the motion off-calendar, the court in no way precludes Chandler from seeking the recovery of attorney fees and costs incurred as a prevailing party on the motion in a separately filed motion. (Pfeiffer Venice Properties v. Bernard (2002) 101 Cal.App.4th 211, 215.)

The demurrer of Robert Chandler scheduled for October 16, 2024, is off-calendar.

Motion to change venue scheduled for September 25, 2024. Special motion to strike by dismissed defendant Gary Selvin set for October 1, 2024. Multiple demurrers scheduled for November 5, November 25, December 3, and December 31, 2024.

Defendant Chandler to give notice to all parties.