Tye
Tye v. Papp CA4/2
Opinion
Opinion
I. BACKGROUND
Many of the underlying facts surrounding this litigation were discussed in our
prior opinion. (See Tye v. Papp (Jul. 26, 2021, E075153) [nonpub. opn.] (Tye I).)
Relevant now is the fact that on March 13, 2020, the trial court granted defendants and
respondents Eric Papp and Justin Tye’s special motion to strike plaintiff and appellant
Matthew Tye’s complaint (see § 425.16), and we affirmed on appeal. (See Tye I, supra, 2 at pp. *2-*3 [nonpub. opn.].)
Our record in this appeal contains a document entitled “NOTICE OF ENTRY of
Judgment,” dated March 26, 2020 and signed by Tye, along with a proof of service dated
the same date, signed by an unidentified person, and indicating that the notice of entry of
judgment was served on defendants’ counsel by mail. Defendants’ counsel later filed a
declaration stating that the document was never served on her.
1 Undesignated statutory references are to the Code of Civil Procedure, and undesignated rule references are to the California Rules of Court. 2 References to Tye are to plaintiff and appellant Matthew Tye.
2 On June 16, 2020, defendants filed a motion for attorney’s fees and costs for the
anti-SLAPP motion.…