First Cash Opening SLAPP Brief
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Contra Costa Superior Court Martinez, California Department: 12 Hearing Date: 08/02/19
CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 12 HEARING DATE: 08/02/19 GENERAL INSTRUCTIONS FOR CONTESTING TENTATIVE RULINGS IN DEPT. 12 NOTE PROCEDURE CAREFULLY The tentative ruling will become the Court’s ruling unless by 4:00 p.m. of the court day preceding the hearing, counsel or self-represented parties call the department rendering the decision to request argument and to specify the issues to be argued. Calling counsel or self-represented parties requesting argument must advise all other affected counsel and self-represented parties by no later than 4:00 p.m. of his or her decision to appear and of the issues to be argued. Failure to timely advise the Court and counsel or self-represented parties will preclude any party from arguing the matter. (Local Rule 3.43(2).) Note: In order to minimize the risk of miscommunication, Dept. 12 prefers and encourages fax or email notification to the department of the request to argue and specification of issues to be argued – with a STRONG PREFERENCE FOR EMAIL NOTIFICATION. Dept. 12’s Fax Number is: (925) 608-2693. Dept. 12’s email address is: [email protected]. Warning: this email address is not be used for any communication with the department except as expressly and specifically authorized by the court. Any emails received in contravention of this order will be disregarded by the court and may subject the offending party to sanctions. Submission of Orders After Hearing in Department 12 Cases The prevailing party must prepare an order after hearing in accordance with CRC 3.1312. -
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Case 3:14-cv-04050-SK Document 191 Filed 11/10/15 Page 1 of 47 1 2 3 4 UNITED STATES DISTRICT COURT 5 NORTHERN DISTRICT OF CALIFORNIA 6 UNITED TACTICAL SYSTEMS, LLC, 7 Case No. 14-cv-04050-MEJ Plaintiff, 8 ORDER RE: (1) MOTION TO DISMISS v. COUNTERCLAIMS; (2) MOTION TO 9 STRIKE COUNTERCLAIMS; AND (3) REAL ACTION PAINTBALL, INC., et al., MOTION TO TRANSFER BOND 10 Defendants. 11 Re: Dkt. Nos. 158, 159, 162 12 AND RELATED ACTION AND CROSS 13 ACTION 14 15 INTRODUCTION 16 Real Action Paintball, Inc. and its principal, K.T. Tran (collectively ―Real Action‖)1 filed 17 18 counterclaims in this matter (First Am. Counterclaim (―FACC‖), Dkt. No. 152), which United United States District Court District United States Northern District of California District Northern 18 Tactical Systems, LLC (―UTS‖) and related Counter-Defendants (collectively with UTS, 19 ―Counter-Defendants‖)2 now seek to dismiss or strike on a multitude of different grounds. See 20 Mot. to Dismiss Brief (―MTD Br.‖), Dkt. No. 160; Mot. to Strike Brief (―MTS Br.‖), Dkt. No. 21 163.3 Real Action also filed a motion asking the Court to transfer the bond held by the Northern 22 23 1 The Court refers to both K.T. Tran and Real Action Paintball, Inc. as ―Real Action‖ as there is no 24 material difference between the company and its principal for purposes of this Order. Counter- Defendants also sometimes refer to Real Action as ―RAP4.‖ 25 2 ―Counter-Defendants‖ refers to Advanced Tactical Ordnance Systems, LLC, Perfect Circle 26 Projectiles LLC, Gary Gibson, Tiberius Arms, LLC, Tactical Air Games, Inc., Tyler Tiberius, Michael Blumenthal, David Piell, United Tactical Systems, LLC, United Tactical Systems 27 Holdings, LLC (―UTSH‖), and United Tactical Systems Intermediate Holdings, LLC (―UHSIH‖). -
The Need for a New Subpoena Power That Targets Illegal Bitcoin Transactions, 56 B.C.L
Boston College Law Review Volume 56 | Issue 5 Article 10 12-1-2015 Reaching Within Silk Road: The eedN for a New Subpoena Power That Targets Illegal Bitcoin Transactions Alice Huang Boston College Law School, [email protected] Follow this and additional works at: http://lawdigitalcommons.bc.edu/bclr Part of the Criminal Law Commons, Criminal Procedure Commons, Internet Law Commons, and the Privacy Law Commons Recommended Citation Alice Huang, Reaching Within Silk Road: The Need for a New Subpoena Power That Targets Illegal Bitcoin Transactions, 56 B.C.L. Rev. 2093 (2015), http://lawdigitalcommons.bc.edu/bclr/vol56/iss5/10 This Notes is brought to you for free and open access by the Law Journals at Digital Commons @ Boston College Law School. It has been accepted for inclusion in Boston College Law Review by an authorized editor of Digital Commons @ Boston College Law School. For more information, please contact [email protected]. REACHING WITHIN SILK ROAD: THE NEED FOR A NEW SUBPOENA POWER THAT TARGETS ILLEGAL BITCOIN TRANSACTIONS Abstract: With the rise of Bitcoin and other virtual currencies, it has become crucial for government regulatory bodies to catch up. Black market sites like the now-defunct Silk Road have continued to exploit the anonymity of Bitcoin to engage in illegal transactions. In order to identify criminal Bitcoin users, the government must respond with an updated criminal subpoena standard that addresses virtual currencies. This Note argues that the gap should be filled by combining current e-discovery standards from Rule 26 of the Federal Rules of Civil Procedure with elements of the Digital Millennium Copyright Act’s subpoena powers. -
Contra Costa Superior Court Martinez, California Department: 33 Hearing Date: 04/15/21
CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/15/21 ALL APPEARANCES WILL BE BY ZOOM For matters where an appearance is required, the parties should appear by Zoom unless told to appear by another method. For all other matters, if argument is requested appearances will be by Zoom. Zoom hearing information Link: https://cc-courts.zoom.us/j/94775254734?pwd=RHI5anZxU2JobmtzZ3FvVFBKb0NoZz09 If a party is unable to use Zoom they may appear by CourtCall, but will need to arrange the CourtCall appearance in advance of the hearing. 1. TIME: 9:00 CASE#: MSC18-02078 CASE NAME: SMITH VS CABRERAS HEARING ON PETITION TO/FOR APRROVAL OF COMPROMISE CLAIM OR ACTION FILED BY SAIMUKAI HARVEY * TENTATIVE RULING: * Granted. 2. TIME: 9:00 CASE#: MSC19-00494 CASE NAME: CHERYL COLE VS RICK HAMPTON FURTHER CASE MANAGEMENT CONFERENCE * TENTATIVE RULING: * Appear by Zoom. 3. TIME: 9:00 CASE#: MSC19-00494 CASE NAME: CHERYL COLE VS RICK HAMPTON HEARING ON MOTION TO/FOR STRIKE PLTF CHERYL COLE'S SECOND AMD COMPLAINT FILED BY RICK HAMPTON * TENTATIVE RULING: * Defendant Rick Hampton’s Motion to Strike Portions of the Second Amended Complaint is granted in part and denied in part. - 1 - CONTRA COSTA SUPERIOR COURT MARTINEZ, CALIFORNIA DEPARTMENT: 33 HEARING DATE: 04/15/21 Defendant brings this motion to strike pursuant to CCP §§ 435 and 436. The Court may strike out “any irrelevant, false, and improper matter asserted in any pleading.” (CCP § 436.) “Irrelevant matter” means immaterial allegation. (CCP § 431.10(c).) The Court may also, “Strike out all or any part of any pleading not drawn or filed in conformity with the laws of this state, a court rule, or an order of the court.” (Code of Civ. -
109-1 Rosette Motion to Strike
Case 3:17-cv-01436-GPC-MDD Document 109-1 Filed 08/03/18 PageID.9193 Page 1 of 33 1 MATTHEW W. CLOSE (S.B. #188570) [email protected] 2 BRITTANY ROGERS (S.B. #274432) 3 [email protected] O’MELVENY & MYERS LLP 4 400 South Hope Street Los Angeles, California 90071-2899 5 Telephone: (213) 430-6000 6 Facsimile: (213) 430-6407 7 Attorneys for Defendants Robert Rosette, Rosette & Associates, PC, Rosette, LLP, and 8 Richard Armstrong 9 10 UNITED STATES DISTRICT COURT 11 SOUTHERN DISTRICT OF CALIFORNIA 12 13 WILLIAMS & COCHRANE, LLP, and Case No. 17-CV-01436 GPC MDD FRANCISCO AGUILAR, MILO 14 BARLEY, GLORIA COSTA, GEORGE REDACTED 15 DECORSE, SALLY DECORSE, et al., on behalf of themselves and all those MEMORANDUM OF POINTS 16 similarly situated AND AUTHORITIES IN SUPPORT OF ROSETTE 17 Plaintiffs, DEFENDANTS’ SPECIAL MOTION TO STRIKE 18 v. PLAINTIFFS’ SIXTH CLAIM FOR RELIEF PURSUANT TO 19 QUECHAN TRIBE OF THE FORT CALIFORNIA CODE OF 20 YUMA INDIAN RESERVATION, a CIVIL PROCEDURE SECTION federally-recognized Indian tribe; 425.16 21 ROBERT ROSETTE; ROSETTE & ASSOCIATES, PC; ROSETTE, LLP; [Notice of Motion and Request for 22 RICHARD ARMSTRONG; KEENY Judicial Notice Filed Concurrently] ESCALANTI, SR.; MARK WILLIAM 23 WHITE II, a/k/a WILLIE WHITE; and Judge: Hon. Gonzalo P. Curiel 24 DOES 1 THROUGH 10, Courtroom: 2D Date: October 12, 2018 25 Defendants. Time: 1:30 p.m. 26 27 28 MEM. ISO SPECIAL MOTION TO STRIKE PURSUANT TO CIV. PROC. CODE § 425.16 17-CV-01436 GPC MDD Case 3:17-cv-01436-GPC-MDD Document 109-1 Filed 08/03/18 PageID.9194 Page 2 of 33 1 TABLE OF CONTENTS 2 Page 3 I. -
2 Civil No. B229358 in the COURT of APPEAL, STATE of CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR PERSON
2nd Civil No. B229358 IN THE COURT OF APPEAL, STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION FOUR _________________ PERSONAL COURT REPORTERS, INC. Plaintiff and Respondent, vs. GARY RAND dba RAND & RAND-LEWIS, SUZANNE RAND- LEWIS dba RAND & RAND- LEWIS; and DOES 1-10, inclusive. Defendants and Appellants. APPEAL FROM THE SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF LOS ANGELES HONORABLE MICHAEL HARWIN, JUDGE TRIAL COURT CASE NO. LC088468 _________________ RESPONDENT PERSONAL COURT REPORTERS, INC.’S OPENING BRIEF _________________ Robert F. Cohen (SBN 160705) Philip Landsman (SBN 159608) Law Office of Robert F. Cohen Law Offices of Philip Landsman Post Office Box 15896 22030 Ventura Blvd., Suite 206 San Francisco, CA 94115-0896 Woodland Hills, CA 91364-1647 Tel: (310) 858-9771 Tel: (818) 587-3666 Fax: (415) 593-6672 Attorneys for Plaintiff and Attorneys for Plaintiff and Respondent PERSONAL COURT Respondent PERSONAL COURT REPORTERS, INC. REPORTERS, INC. TABLE OF CONTENTS I. INTRODUCTION. 1 II. STATEMENT OF FACTS.. 1 A. The Trial Court’s Decisions.. 1 III. ISSUE PRESENTED FOR REVIEW.. 1 IV. STANDARD OF REVIEW. 2 V. STATEMENT OF APPEALABILITY.. 3 VI. STATEMENT OF THE CASE. 3 A. Procedural History. 3 B. Statement of Facts. 4 1. Appellants’ Special Motion to Strike Was Filed Untimely. 4 2. Background Information.. 4 3. The Allegations of Respondent’s Complaint. 5 4. Appellants’ Special Motion to Strike. 5 5. Respondent’s Opposition. 6 6. Appellants’ Reply. 6 7. The Trial Court’s Ruling on Appellants’ Special Motion to Strike. 6 VII. RESPONDENT’S RECORD. 7 VIII. ARGUMENT.. 7 i A. -
The “Nuts and Bolts” of Anti-Slapp
THE “NUTS AND BOLTS”OF ANTI-SLAPP What Every Lawyer Should Know About Anti-SLAPP Motions Under Code of Civil Procedure § 425.16 By Harry W.R. Chamberlain and Lisa M. Chait BACKGROUND AND PURPOSE OF CALIFORNIA’S ANTI-SLAPP STATUTE What is a SLAPP Suit? “SLAPP” stands for “strategic lawsuit against public participation.” Courts have adopted this acronym for any lawsuit filed primarily to chill the defendant’s exercise of First Amendment rights – such as free speech, petitioning a government body for redress of grievances, or pursuing legal remedies in a court of law. (See Briggs v. Eden Council for Hope & Opportunity (1999) 19 Cal.4th 1106, 1109, fn.1 (Briggs).)1 SLAPP-plaintiffs are not necessarily concerned with “winning.” The primary aim of the SLAPP suit “is preventing citizens from exercising their political rights or punishing those who have done so.” (Church of Scientology v. Wollersheim (1996) 42 Cal.App.4th 628, 642 (Wollersheim) disapproved on another point in Equilon Enterprises LLC v. Consumer Cause, Inc. (2002) 29 Cal.4th 53, 68, fn.5.(Equilon); Dove Audio, Inc. v. Rosenfeld, Meyer & Susman (1996) 47 Cal.App.4th 777, 783 (Dove Audio) citing Wilcox v. Superior Court (1994) 27 Cal.App.4th 809, 815-816 (Wilcox) disapproved on another point in Equilon, supra, 29 Cal. 4th at p. 68, fn.5.) SLAPP suits, thus, often masquerade “as ordinary civil claims such as defamation, conspiracy, malicious prosecution, nuisance, interference with contract and/or economic advantage, as a means of transforming public debate into lawsuits.” (Wilcox, supra, 27 Cal.App.4th at pp.816-817; E. -
Newport Harbor Ventures, LLC V. Morris Cerullo World Evangelism
Filed 3/22/18 IN THE SUPREME COURT OF CALIFORNIA NEWPORT HARBOR VENTURES, ) LLC, et al., ) ) Plaintiffs and Respondents, ) ) S239777 v. ) ) Ct.App. 4/3 G052660 MORRIS CERULLO WORLD ) EVANGELISM et al., ) ) Orange County Defendants and Appellants. ) Super. Ct. No. 30-2013-00665314 ____________________________________) Code of Civil Procedure section 425.16 (§ 425.16), California’s so-called anti-SLAPP (strategic lawsuit against public participation) statute, is intended to resolve quickly and relatively inexpensively meritless lawsuits that threaten free speech on matters of public interest. When it applies, section 425.16 permits a defendant to file a special motion to strike a cause of action (sometimes referred to as an anti-SLAPP motion) “within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.” (§ 425.16, subd. (f).) Here, defendants filed the special motion within 60 days of the third amended complaint, but not within 60 days of any earlier complaint. The third amended complaint contains some of the same causes of action as earlier complaints. We granted review to decide whether a special motion to strike an amended complaint may seek dismissal of causes of action that had been included in the earlier complaints. 1 Because the anti-SLAPP statute is designed to resolve these lawsuits early, but not to permit the abuse that delayed motions to strike might entail, we conclude, as did the Court of Appeal, that, subject to the trial court’s discretion under section 425.16, subdivision (f), to permit late filing, a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action. -
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Case 2:09-cv-00522-JAM-KJN Document 143 Filed 07/20/10 Page 1 of 16 1 2 3 4 5 6 7 8 IN THE UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 BRENT ALLEN WINTERS, et al., 11 Plaintiffs, No. 2:09-cv-00522 JAM KJN PS v. 12 ORDER & FINDINGS AND RECOMMENDATIONS 13 DELORES JORDAN, et al., 14 Defendants. ______________________________/ 15 16 Presently before the court is a special motion to strike plaintiffs’ Third Amended 17 Complaint pursuant to California Code of Civil Procedure § 425.16 filed by defendant Judy Ford 18 (“Ford”), and a related request for judicial notice. (Dkt. No. 69.) The court submitted this matter 19 without oral argument.1 (Dkt. No. 102.) The undersigned has fully considered the parties’ briefs 20 and the record in this case and, for the reasons that follow, will: (1) grant Ford’s request for 21 judicial notice, and (2) recommend that all of plaintiffs’ claims against Ford be dismissed with 22 prejudice. 23 //// 24 25 1 This action proceeds before this court pursuant to Eastern District of California Local Rule 302(c)(21) and 28 U.S.C. § 636(b)(1), and was reassigned by an order entered February 9, 26 2010 (Dkt. No. 105). Case 2:09-cv-00522-JAM-KJN Document 143 Filed 07/20/10 Page 2 of 16 1 I. BACKGROUND2 2 Plaintiffs’ operative complaint, the Third Amended Complaint,3 is a wide-ranging, 3 25-page complaint that alleges, in eight-point font, 38 claims for relief against 61 defendants. -
Who Should Be Liable for Online Anonymous Defamtion
Perry and Zarsky: Who Should Be Liable for Online Anonymous Defamtion Who Should Be Liable for Online Anonymous Defamation? Ronen Perryt and Tal Z. Zarskytt INTRODUCTION The advent of Web 2.0 technologies and applications has en- abled average people-who were previously mere consumers of online content-to publish their own content on various websites, such as blogs, consumer-evaluation platforms (such as Amazon, eflay, and TripAdvisor), news websites (through reader com- ments), social networking services (such as Facebook, Twitter, and Linkedln), media-sharing websites (such as Instagram and YouTube), and collaborative-writing projects (such as Wikipedia). Some of these user contributions may be defamatory, and one of the most complex and intriguing legal questions in this context is: Who should be liable for defamatory statements made online by anonymous (or pseudonymous) users? This Essay critically eval- uates the answers given in various Western jurisdictions and ar- gues that economic analysis supports a revolutionary liability re- gime, which we call "residual indirect liability."1 Our main theoretical contribution lies in recognizing that the legal response to online anonymous defamation should be viewed and analyzed as a combination of two components. The first is the ability (or inability) to bring an action against the content pro- vider-the platform that enables the defamatory statement. Such an action may require modification of substantive law-the recog- nition of some sort of indirect liability.2 The second component is the ability (or inability) to bring an action against the speaker- the anonymous user. Such an action does not require modification t Academic Visitor, Faculty of Law and Centre for Socio-Legal Studies, University of Oxford; Professor of Law and Director of the Aptowitzer Center for Risk, Liability, and Insurance, University of Haifa. -
LAI 2103619 V1 ICANN's Special Motion to Strike Verisign's Claims
1 Jeffrey A. LeVee (State Bar No. 125863) Emma Killick (State Bar No. 192469) 2 Courtney M. Schaberg (State Bar No. 193728) Sean W. Jaquez (State Bar No. 223132) 3 JONES DAY 555 West Fifth Street, Suite 4600 4 Los Angeles, CA 90013-1025 Telephone: (213) 489-3939 5 Facsimile: (213) 243-2539 6 Joe Sims (admitted pro hac vice) JONES DAY 7 51 Louisiana Avenue, N.W. Washington, D.C. 20001-2113 8 Telephone: (202) 879-3939 Facsimile: (202) 626-1700 9 Attorneys for Defendant 10 INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS 11 12 UNITED STATES DISTRICT COURT 13 CENTRAL DISTRICT OF CALIFORNIA 14 15 VERISIGN, INC., a Delaware Case No. 04 CV 1292 AHM (CTx) corporation, 16 DEFENDANT INTERNET Plaintiff, CORPORATION FOR 17 ASSIGNED NAMES AND v. NUMBERS' SPECIAL 18 MOTION TO STRIKE INTERNET CORPORATION FOR VERISIGN'S SECOND, THIRD, 19 ASSIGNED NAMES AND NUMBERS, a FOURTH, FIFTH, AND SIXTH California corporation; DOES 1-50, CLAIMS AS STRATEGIC 20 LAWSUITS AGAINST PUBLIC Defendants. PARTICIPATION (CAL. CIV. 21 PROC. CODE § 425.16); MEMORANDUM OF POINTS 22 AND AUTHORITIES 23 [Filed Concurrently with Declaration of John O. Jeffrey] 24 Date: May 17, 2004 25 Time: 10:00 a.m. Courtroom of the 26 Honorable A. Howard Matz 27 28 ICANN'S MOTION TO STRIKE LAI-2103619v1 CV 04-1292 AHM (CTx) 1 PLEASE TAKE NOTICE that the Special Motion to Strike VeriSign's 2 Second, Third, Fourth, Fifth, and Sixth causes of action will be heard on May 17, 3 2004, at 10:00 a.m. or as soon thereafter as counsel may be heard at the courtroom 4 of the Honorable A. -
Copyright& New Media
Copyright & New Media Law Volume 19, Issue 2 • summer 2015 Making complex legal issues make sense The 21st Century Federalist Papers Anonymous Online Speech, John Doe Lawsuits, and the First Amendment By margaret e. KrawIec, Partner, and thomas Parnham, assocIate An author’s decision to remain anonymous, Among the cherished freedoms protected Today, the right to speak anonymously is like other decisions concerning omissions by the First Amendment is the right to most frequently exercised via the Internet, or additions to the content of a publication, speak anonymously. Indeed, anonymous including through email, message boards, is an aspect of the freedom of speech speech has played an important role and social media websites. As the U.S. protected by the First Amendment. throughout this nation’s history: colonial Supreme Court recognized nearly twenty patriots writing against the abuses of the years ago, at the dawn of the information McIntyre v. Ohio Elections Commission, English crown “frequently had to conceal age, anyone with an Internet connection 514 U.S. 334, 342 (1995) their authorship or distribution of literature,” “can become a pamphleteer” or a “town and even “the Federalist Papers, written in crier with a voice that resonates farther [The Internet] provides relatively unlimited, 4 favor of the adoption of our Constitution, than it could from any soapbox.” In 1997, low-cost capacity for communication of all 1 were published under fictitious names.” the year Reno was decided, the U.S. Census kinds. This dynamic, multifaceted “The decision in favor of anonymity may be Bureau reported that approximately 18% of category of communication includes not motivated by fear of economic or official households had Internet access; as of 2011, only traditional print and news services, retaliation, by concern about social ostracism, that number had jumped to 72%.