Goldberg

Platypus Wear, Inc. v. Goldberg

Good Law
166 Cal. App. 4th 772·2008 Cal. App. LEXIS 1396·83 Cal. Rptr. 3d 95
Court of Appeal of CaliforniaSeptember 5, 2008D050305California5,770 words

Opinion

Opinion

Aaron, J.

I.

INTRODUCTION

In October 2004, Platypus Wear, Inc., PW Industries, Inc. (collectively Platypus), Alexandra Ponce de Leon, and Sylvia Offner Caira, filed a complaint against Luce Forward Hamilton & Scripps, and two of its attorneys, Kevin A. Cahill and Timothy R. Pestotnik (collectively Luce Forward), Baker & McKenzie, and two of its attorneys, Charles H. Dick and Peter W. Ito, Laurens Offner (Laurens), and Martin Goldberg. Among other claims, Platypus alleged that Goldberg had acted illegitimately as Platypus’s chief financial officer, and that he assisted Laurens in taking a number of actions that had harmed Platypus’s interests. In October 2006, more than two years after Platypus filed its complaint, Goldberg filed an application for leave of court to file a late special motion to strike the complaint (anti-SLAPP motion) (Code Civ. Proc., § 425.16). A party may not file an anti-SLAPP motion more than 60 days after the filing of the complaint, unless the trial court affirmatively exercises its discretion to allow a late filing. (§ 425.16, subd. (f).) The trial court granted Goldberg’s application to file a late anti-SLAPP motion. Goldberg filed an anti-SLAPP motion,…

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