Rouse

Rouse v. Law Offices of Rory Clark

Good Law
465 F. Supp. 2d 1031·2006 WL 3735560·2006 U.S. Dist. LEXIS 91744
United States District Court, Southern District of CaliforniaSeptember 25, 200606cv0006-LAB (RBB)California3,910 words

Opinion

Opinion

Burns, J.

ORDER DENYING DEFENDANTS’ SPECIAL ANTI-SLAPP MOTIONS TO DISMISS SECOND, THIRD, FIFTH, AND SIXTH CAUSES OF ACTION

This Fair Debt Collection Practices matter is before the court on the Special Mo tion To Strike by defendants Law Offices of Rory Clark, Rory Clark, and Jan Shapiro (collectively the “Clark Defendants”) (Dkt No. 5) and the separate Motion To Strike by defendant Worldwide Asset Purchasing (“Worldwide”) (Dkt No. 10). Both motions rely on the California anti-SLAPP statute, Cal.Code Civ. P. § 425.16, and each contends four of the six causes of action alleged in the Complaint must be dismissed as impermissible Strategic Litigation Against Public Participation (“SLAPP”). Plaintiff Martin J. Rouse, Jr. (“Rouse”) filed an Opposition to each motion, and the defendants filed a joint Reply to the Oppositions. Pursuant to Civil Local Rule 7.1(d)(1), the court finds the issues presented appropriate for decision on the papers and without oral argument. For the reasons discussed below, both anti-SLAPP motions are DENIED.

I. BACKGROUND

Preliminarily, the court notes all defendants are represented by the same counsel. The four causes of action the anti-SLAPP motions address are…

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