Patty
Herbert T. Patty v. Rob Bonta, et al.
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 HERBERT T. PATTY, Case No. 25-cv-04392-NW
Plaintiff,
ORDER GRANTING ANTI-SLAPP
v. SPECIAL MOTION TO STRIKE
ROB BONTA, et al., Re: ECF No. 35 Defendants.
12 Defendants Heather Allan and Allan & Martelle, LLP (together, “Allan Defendants”) filed a special motion to strike Plaintiff Herbert T. Patty’s first amended complaint pursuant to Cal. Civ. Proc. Code section 425.16, California’s anti-SLAPP statute. Mot. to Strike, ECF No. 35. The Allan Defendants ask the Court to “enter a finding that Attorney Allan and her firm are prevailing parties,” under section 425.16. While the Allan Defendants’ motion was pending, Plaintiff filed a second amended complaint and voluntarily dismissed the Allan Defendants. The Court retains jurisdiction over a pending special motion to strike, even after the defendants have been dismissed, for the purpose of designating a “prevailing party” and to award fees and costs. Evans Hotels, LLC v.…