ANE Holdings v. Purity Preserved CA4/1

INTRODUCTION

Joseph Rubin, individually and as trustee of the Licht 2018 Irrevocable Trust (Rubin), DLJJ, LLC (DLJJ), and DDS CA, LLC (DDS) (collectively, Defendants) appeal the trial court’s order denying Rubin’s special motion to

strike the operative complaint under Code of Civil Procedure1 section 425.16, the anti-SLAPP (strategic lawsuit against public participation) statute. DLJJ and DDS (together, Entity Defendants) also seek to appeal the denial of their motion for joinder in Rubin’s anti-SLAPP motion. Defendants contend the trial court (1) abused its discretion in denying the motion as untimely; (2) abused its discretion by overruling Rubin’s objection to evidence submitted in opposition to the anti-SLAPP motion; and (3) erred in denying the anti-SLAPP motion on the merits. The Entity Defendants separately argue they have standing to appeal the denial of Rubin’s anti-SLAPP motion because they filed a proper motion for joinder. In addition, one of the plaintiffs in the instant matter, Purity Preserved, LLC (Purity), brings a cross-appeal arguing, among other issues, that the trial court abused its discretion in failing to award attorney fees to Purity and the other two…