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1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Case 2:18-cv-03466-DMG-SK Document 8 Filed 05/04/18 Page 1 of 34 Page ID #:250 1 Christopher Lovrien (State Bar No. 230546) Email: [email protected] 2 Brian D. Hershman (State Bar No. 168175) Email: [email protected] 3 Erica L. Reilley (State Bar No. 211615) Email: [email protected] 4 JONES DAY 555 South Flower Street 5 Fiftieth Floor Los Angeles, CA 90071.2300 6 Telephone: +1.213.489.3939 Facsimile: +1.213.243.2539 7 Attorneys for Defendants 8 AHMED AL-RUMAIHI and AYMAN SABI 9 UNITED STATES DISTRICT COURT 10 CENTRAL DISTRICT OF CALIFORNIA 11 12 BIG3 LLC, a limited liability No. 2:18−cv−3466 DMG (SKx) 13 company; O’SHEA JACKSON A/K/A ICE CUBE, an individual; and JEFF Assigned for all purposes to 14 KWATINETZ, an individual, Hon. Dolly M. Gee 15 Plaintiffs, DEFENDANTS’ NOTICE OF 16 v. MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST 17 AHMED AL-RUMAIHI, an AMENDED COMPLAINT individual; FAISAL AL-HAMADI, an PURSUANT TO CALIFORNIA 18 individual; AYMAN SABI, an CODE OF CIVIL PROCEDURE individual; SHEIKH ABDULLAH § 425.16 19 BIN MOHAMMED BIN SAU AL THANI, an individual and as CEO of Hearing Date: June 1, 2018 20 Qatar Investment Authority; and DOES Hearing Time: 9:30 a.m. 21 1 - 100, Courtroom: 8C 22 Defendants. 23 24 25 26 27 28 DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 Case 2:18-cv-03466-DMG-SK Document 8 Filed 05/04/18 Page 2 of 34 Page ID #:251 1 TO THE COURT, ALL PARTIES, AND THEIR ATTORNEYS OF 2 RECORD: 3 PLEASE TAKE NOTICE THAT on June 1, 2018, at 9:30 a.m., or as soon 4 thereafter as counsel may be heard in Courtroom 8C of the United States District 5 Court for the Central District of California, located at 350 West 1st Street, Los 6 Angeles, California, 90012, before the Honorable Dolly M. Gee, defendants Ahmed 7 Al-Rumaihi and Ayman Sabi (collectively, the “Investors”) will and hereby do move 8 to strike Plaintiffs’ First Amended Complaint pursuant to California Civil Procedure 9 Code Section 425.16, et. seq., and for an award of attorneys’ fees and costs. 10 The Investors bring this motion on the grounds that Plaintiffs’ First Amended 11 Complaint should be stricken because it is based on statements made in a public 12 forum and relating to a matter of public interest. Furthermore, Plaintiffs cannot 13 establish, as a matter of law, a probability of prevailing on the merits of their claims 14 because they cannot satisfy the necessary elements of any of their claims. 15 The Investors met and conferred with Plaintiffs’ counsel regarding this motion 16 as required by Central District Local Rule 7-3 in an email exchange on April 25, 17 2018, as well as in subsequent email and telephonic communications. 18 This motion is based upon this Notice of Motion and Motion, the concurrently 19 filed Memorandum of Points and Authorities in support thereof, the concurrently 20 filed Declaration of Brian D. Hershman and exhibits thereto, and the concurrently 21 filed Request for Judicial Notice. In addition, this motion is based on all records and 22 files in this action, any argument that may be requested at the hearing on this matter, 23 and any and all other matters that this Court deems just and proper. 24 25 26 27 28 - 2 - DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 Case 2:18-cv-03466-DMG-SK Document 8 Filed 05/04/18 Page 3 of 34 Page ID #:252 1 Dated: May 4, 2018 Respectfully submitted, 2 JONES DAY 3 4 By:/s/ Brian D. Hershman Brian D. Hershman 5 Attorneys for Defendants 6 AHMED AL-RUMAIHI and AYMAN SABI 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 - 3 - DEFENDANTS’ NOTICE OF MOTION AND MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO CALIFORNIA CODE OF CIVIL PROCEDURE § 425.16 Case 2:18-cv-03466-DMG-SK Document 8 Filed 05/04/18 Page 4 of 34 Page ID #:253 1 Christopher Lovrien (State Bar No. 230546) Email: [email protected] 2 Brian D. Hershman (State Bar No. 168175) Email: [email protected] 3 Erica L. Reilley (State Bar No. 211615) Email: [email protected] 4 JONES DAY 555 South Flower Street 5 Fiftieth Floor Los Angeles, CA 90071.2300 6 Telephone: + 1.213.489.3939 Facsimile: +1.213.243.2539 7 8 Attorneys for Defendants AHMED AL-RUMAIHI and AYMAN SABI 9 10 UNITED STATES DISTRICT COURT 11 CENTRAL DISTRICT OF CALIFORNIA 12 13 BIG3 LLC, a limited liability No. 2:18−cv−3466 DMG (SKx) company; O’SHEA JACKSON A/K/A 14 ICE CUBE, an individual; and JEFF Assigned for all purposes to KWATINETZ, an individual, Hon. Dolly M. Gee 15 Plaintiffs, 16 MEMORANDUM OF POINTS v. AND AUTHORITIES IN 17 SUPPORT OF DEFENDANTS’ AHMED AL-RUMAIHI, an MOTION TO STRIKE 18 individual; FAISAL AL-HAMADI, an PLAINTIFFS’ FIRST AMENDED individual; AYMAN SABI, an COMPLAINT PURSUANT TO 19 individual; SHEIKH ABDULLAH CALIFORNIA CODE OF CIVIL BIN MOHAMMED BIN SAU AL PROCEDURE § 425.16 20 THANI, an individual and as CEO of Qatar Investment Authority; and DOES Hearing Date: June 1, 2018 21 1 - 100, Hearing Time: 9:30 a.m. Courtroom: 8C 22 Defendants. 23 24 25 26 27 28 MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO CODE OF CIVIL PROCEDURE § 425.16 Case 2:18-cv-03466-DMG-SK Document 8 Filed 05/04/18 Page 5 of 34 Page ID #:254 1 TABLE OF CONTENTS 2 Page 3 I. FACTUAL BACKGROUND ......................................................................... 2 4 II. LEGAL STANDARD ..................................................................................... 4 5 III. ARGUMENT .................................................................................................. 6 A. BIG3’s Claims Arise From Allegations That Are Protected 6 Activities Under the Anti-Slapp Statute ............................................... 7 7 1. The Alleged Statements Forming The Basis Of BIG3’s Claims Were Made In A Public Forum ...................................... 7 8 2. The Alleged Statements Forming The Basis Of BIG3’s Claims Concern An Issue Of Public Interest .............................. 9 9 (a) BIG3, Ice Cube And Kwatinetz Are All In The 10 Public Eye ....................................................................... 10 (b) The Public Is Interested In The Content Of The 11 Statements ...................................................................... 12 B. BIG3 Cannot Demonstrate A Probability Of Prevailing On The 12 Merits Of Its Claims ............................................................................ 15 13 1. BIG3 Cannot Prevail On Its Defamation Or Defamation Per Se Claims ............................................................................ 15 14 (a) BIG3 Cannot Demonstrate That The Statements 15 Were Published By The Investors .................................. 16 (b) BIG3 Cannot Demonstrate That The Statements 16 Were Made About Each Of The Plaintiffs Asserting The Defamation Claims ................................................. 17 17 (c) BIG3 Cannot Demonstrate That The Statements 18 Are False Statements Of Fact ......................................... 18 (d) Kwatinetz—The Only Relevant Plaintiff—Is A 19 Public Figure And Therefore Must Show The Allegedly Defamatory Statements Were Made With 20 Actual Malice ................................................................. 19 21 2. BIG3 Cannot Prevail On Its Trade Libel Claim ....................... 21 3. BIG3 Cannot Prevail On Its Intentional Interference with 22 Prospective Economic Relations Claim ................................... 23 23 IV. THE COURT SHOULD AWARD THE INVESTORS THEIR ATTORNEYS’ FEES AND COSTS INCURRED IN BRINGING 24 THIS MOTION ............................................................................................. 24 25 V. CONCLUSION ............................................................................................. 24 26 27 28 - i - MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT OF DEFENDANTS’ MOTION TO STRIKE PLAINTIFFS’ FIRST AMENDED COMPLAINT PURSUANT TO CODE OF CIVIL PROCEDURE § 425.16 Case 2:18-cv-03466-DMG-SK Document 8 Filed 05/04/18 Page 6 of 34 Page ID #:255 1 TABLE OF AUTHORITIES 2 Page 3 4 CASES 5 Ampex Corp. v. Cargle, 6 128 Cal. App. 4th 1569 (2005) .............................................................................. 8 7 Annette F. v. Sharon S., 8 119 Cal. App. 4th 1146 (2004) ...................................................................... 20, 21 9 Arntz Contracting Co. v. St. Paul Fire & Marine Ins. Co., 10 47 Cal. App. 4th 464 (1996) ................................................................................ 23 11 Averill v. Superior Court, 12 42 Cal. App. 4th 1170 (1996) ............................................................................ 8, 9 13 Barrett v. Rosenthal, 14 40 Cal. 4th 33 (2006) ............................................................................................. 8 15 Blatty v. New York Times Co., 16 42 Cal. 3d 1033 (1986) ........................................................................................ 17 17 Braun v. Chronicle Publ’g Co., 18 52 Cal. App. 4th 1036 (1997) ................................................................................ 7 19 Briggs v. Eden Council for Hope & Opportunity, 20 19 Cal. 4th 1106 (1999) ......................................................................................... 9 21 Carver v. Bonds, 22 135 Cal. App. 4th 328 (2005) ...............................................................................
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