Goldstein

Goldstein v. Ralphs Grocery Co.

Good Law
122 Cal. App. 4th 229·19 Cal. Rptr. 3d 292·2004 Cal. App. LEXIS 1514·2004 Daily Journal DAR 11417·2004 Cal. Daily Op. Serv. 8414
Court of Appeal of CaliforniaSeptember 13, 2004No. B177177California1,814 words

Opinion

lead Opinion

Turner, J.

Defendant, Ralphs Grocery Company, purports to appeal from the denial of its special motion to strike the complaints of various plaintiffs in a class action. The special motion to strike was denied *231 pursuant to both Code of Civil Procedure sections 425.16 and 425.17. 1 Plaintiffs have moved to dismiss the appeal based on the language in section 425.17, subdivision (e). We agree with plaintiffs that section 425.17, subdivision (e) prevents an immediate appeal by defendant prior to the entry of an otherwise appealable judgment and grant the dismissal motion.

Defendant filed a special motion to strike various complaints filed in this class action. The special motion to strike was denied. The trial court’s 17-page order denied the motion on two grounds. First, the trial court ruled that defendant had failed to prove that its alleged misconduct, misrepresentations made to consumers, arose from the exercise of its rights of petition or free speech. The moving defendant’s initial burden is to demonstrate that the challenged cause of action arose from the exercise of the right to free expression or petition. (§ 425.16, subd. (b) 2 ; Navellier v. Sletten (2002) 29 Cal.4th 82,…

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