Kesner
Kesner v. Baker Botts, LLP
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 HARVEY J. KESNER, Case No.: 3:20-cv-01084-WQH-DEB
Plaintiff,
ORDER
v. BAKER BOTTS L.L.P. and
JONATHAN A. SHAPIRO,
15 Defendants. 16 HAYES, Judge: The matters before the Court are the Motion to Strike claims two through six pursuant to California’s anti-SLAPP (strategic lawsuit against public participation) statute (California Code of Civil Procedure § 425.16) and, alternatively, the Motion to Dismiss Plaintiff’s Complaint for failure to state a claim pursuant to Federal Rules of Civil Procedure 9(b) and 12(b)(6) and the request for attorneys’ fees pursuant to California’s anti-SLAPP statute filed by Defendants Baker Botts L.L.P. and Jonathan A. Shapiro. (ECF No. 25). PROCEDURAL BACKGROUND On January 21, 2020, Plaintiff Harvey J. Kesner initiated this case by filing a Complaint in the United States District Court for the Southern District of New York, where it was assigned case number 1:20-cv-551. (ECF…