Evangelism

Newport Harbor Offices & Marina, LLC v. Evangelism

Good Law
23 Cal. App. 5th 28·232 Cal. Rptr. 3d 540
Court of Appeal of CaliforniaApril 19, 2018G054146California8,138 words

Opinion

lead Opinion

Fybel, J.

*33 INTRODUCTION

The California Supreme Court, in Baral v. Schnitt (2016) 1 Cal.5th 376 , 205 Cal.Rptr.3d 475 , 376 P.3d 604 ( Baral ), held a special motion to strike under the California anti-SLAPP statute, *544 Code of Civil Procedure section 425.16 ( section 425.16 ), 1 may be directed to specific allegations of protected activity constituting a claim for relief within a pleaded count that also includes allegations of unprotected activity. Based on Baral , defendants and appellants Morris Cerullo World Evangelism (Cerullo), Plaza del Sol Real Estate Trust (Plaza del Sol) and Roger Artz (collectively Defendants) assert the trial court erred in denying their anti-SLAPP motion.

Defendants' anti-SLAPP motion had sought to strike the first three causes of action of the third amended complaint in their entirety and, alternatively, to strike a number of specific allegations. Cerullo is the sublessor and plaintiff and respondent Newport Harbor Offices & Marina, LLC (NHOM) is the sublessee of real property in Newport Beach. This is the fourth appeal and the third anti-SLAPP appeal arising out of the sublease and related agreements, business dealings, and disputes. 2

*34 We apply…

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