Tye

Tye v. Papp CA4/2

Good Law
Court of Appeal of CaliforniaMay 9, 2022E076523California2,794 words

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.…

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