Hart

Hart v. Larson

Good Law
232 F. Supp. 3d 1128·2017 WL 532290·2017 U.S. Dist. LEXIS 18115
United States District Court, Southern District of CaliforniaFebruary 7, 2017Case No.: 3:16-cv-01460-BEN-MDDCalifornia5,674 words

Opinion

Lead Opinion

Honbenitez, J.

*1131 ORDER:

(1) DENYING DEFENDANTS’ SPECIAL MOTION TO STRIKE (ANTI-SLAPP)

(2) DENYING DEFENDANTS’ MOTION FOR PARTIAL JUDGMENT

ON THE PLEADINGS;

(3)GRANTING PLAINTIFF’S MOTION TO AMEND

Before the Court are the Special Motion to Strike (Anti-SLAPP) 1 and the Motion for Partial Judgment on the Pleadings filed by Defendants Scott Larson and Scott Larson, P.C. (hereinafter, “Larson”), and the Motion to Amend Complaint filed by Plaintiff Hoyt Hart. (Docket Nos. 6, 7, 24.) The motions are fully briefed. The Court finds the motions suitable for determination on the papers without oral argument, pursuant to Civil Local Rule 7.1.d.l. For the reasons set forth below, Defendants’ Special Motion to Strike and Motion for Partial Judgment are DENIED, and Plaintiffs Motion to Amend is GRANTED.

BACKGROUND

In or around August 2014, Larson, a Colorado based attorney, contacted Plaintiff, a California based attorney, by telephone “to request local counsel assistance” with a case involving a substantial brain injury to a Colorado resident (the “Storm case”). (Compl. ¶ 5.) Larson indicated that “$5.8 Million had been offered from the latest mediation” with the Storm defendants, and-that…

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