Cross-defendants Lloyd Copenbarger and Copenbarger Trust’s anti-SLAPP motion is DENIED as moot – except as to attorney fees – given cross-complainant Kent McNaughton’s voluntary dismissal of the challenged causes of action. (See Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 877-879 (Yang).)
Despite the dismissal, cross-defendants’ request for costs and reasonable attorney fees is GRANTED.
Cross-defendants met their initial burden to show the challenged claims arose from protected conduct. (See Cross-Compl. ¶¶ 27, 45, 51-53 [claims for abuse of process and perjury]; see also Code Civ. Proc., § 425.16, subd. (e)(1); Booker v. Rountree (2007) 155 Cal.App.4th 1366, 1370-1371 [abuse of process claim subject to anti-SLAPP motion].)
Cross-complainant has not met his shifted burden to show a probability of prevailing. (See, e.g., Jacob B. v. County of Shasta (2007) 40 Cal.4th 948, 955-956 [litigation privilege applies to perjury].) He has not shown the public interest exception applies. (See Code Civ. Proc., § 425.17.) The delay in hearing was due solely to the court’s docket and, in any event, is not jurisdictional. (See Code Civ. Proc., § 425.16, subd. (f).)
The hearing is CONTINUED to 12/12/16 at 2 pm in Dept. C12 to determine the amount of the award.
Cross-defendants may file a supplemental 5-page brief with supporting evidence no later than 11/29/16, limited to the amount of costs and reasonable attorney fees incurred in their anti-SLAPP motion.
Cross-complainant may file a supplemental 5-page brief with supporting evidence no later than 12/5/16 limited to the amount of cross-defendants’ costs and reasonable attorney fees incurred in their anti-SLAPP motion.
Cross-defendants shall give notice.