Newport Harbor Offices & Marina, LLC v. Morris Cerullo etc.

Defendants’ anti-SLAPP motion had sought to strike the first three causes of action of the third amended complaint in their entirety and, alternatively, to strike a number of specific allegations. Morris Cerullo World Evangelism was the sublessor and plaintiff-respondent Newport Harbor Offices & Marina, LLC (NHOM) was the sublessee of real property in Newport Beach. This case was the fourth appeal and the third anti-SLAPP appeal arising out of the sublease and related agreements, business dealings, and disputes. The California Supreme Court, in Baral v. Schnitt, 1 Cal.5th 376 (2016), held a special motion to strike under the California anti-SLAPP statute, Code of Civil Procedure section 425.16 (section 425.16), could be directed to specific allegations of protected activity constituting a claim for relief within a pleaded count that also includes allegations of unprotected activity. Based on Baral, defendants-appellants Morris Cerullo World Evangelism (Cerullo), Plaza del Sol Real Estate Trust (Plaza del Sol) and Roger Artz (collectively Defendants) asserted the trial court erred in denying their anti-SLAPP motion. The Court of Appeal applied Baral and its summary of anti-SLAPP procedures and concluded: (1) many, but not all, of the allegations challenged by Defendants in their anti-SLAPP motion were of protected activity within the meaning of section 425.16(e); and (2) NHOM did not meet its burden of establishing a probability of prevailing on the claims that are based on the allegations of protected activity. The Court therefore reversed, in part, and remanded with directions to grant the anti-SLAPP motion as to the paragraphs of the third amended complaint identified in the Disposition. The Court affirmed in part because, among other things, the bulk of the paragraphs which were the subject of Defendants’ anti-SLAPP motion did not arise out of protected activity. View "Newport Harbor Offices & Marina, LLC v. Morris Cerullo etc." on Justia Law