California Court of Appeal

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Platypus Wear, Inc. v. Goldberg, D050305

In a lawsuit by a corporation against its officers and attorneys, order granting defendant's application to file a special motion to strike the complaint under the anti-SLAPP statute, motion is reversed, vacated, and remanded with directions to deny defendant's application to file an anti-SLAPP motion where: 1) defendant failed to provide a compelling explanation for why he did not file an anti-SLAPP motion earlier in the case; 2) defendant did not articulate any extenuating circumstances justifying a late filing; and 3) under these circumstances, the trial court abused its discretion in granting defendant's application to file the anti-SLAPP motion.

Appellate Information

  • Decided 09/05/2008
  • Published 09/05/2008

Judges

  • AARON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Sullivan, Hill, Lewin, Rez & Engel, David B. Hopkins, Candace M. Carroll and Robert P. Allenby, San Diego, for Defendant and Appellant., Vantage Law Group, Michael H. Riney, San Diego, and Karen B. King for Plaintiffs and Respondents.
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