Brent Melbon vs. Stutz Artiano Shinoff & Holtz

Motion for SLAPP

Cal. Super. - 4th Dist.September 16, 2016

A R T I A N O S H I N O F F O o 0 9 O N n n B s W N N D D Y N Y N N Y m = = e s e e = e e e e 0 N N O N w n BR E W D = O 0 N N S Y E W N = O ARTIANO SHINOFF Jack M. Sleeth (SBN 108638) jsleeth@as7law.com Paul V. Carelli (SBN 190773) peLedaar Ljubisa Kosti¢, Esq. (SBN 226668) Ikostic(@as7law.com 2488 Historic Decatur Road, Suite 200 San Diego, California 92106 Telephone: 619-232-3122 Facsimile: 619-232-3264 Attorney for Defendants, ARTIANO SHINOFF ABED BLUMENFELD CARELLI KOSTIC SLEETH & WADE APC; DANIEL SHINOFF; JEANNE BLUMENFELD SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF ORANGE - CENTRAL JUSTICE CENTER BRENT MELBON,an individual, Case No.: 30-2016-00875744-CU-PO-CIC ICI: Hon. Martha K. Gooding Plaintiff, DEPT: C34 v. NOTICE OF AND DEFENDANTS’ SPECIAL MOTION TO STRIKE STUTZ ARTIANO SHINOFF & HOLTZ, a [CCP 425.16] California professional corporation, now known as ARTIANO SHINOFF ABED IMAGED FILE BLUMENFELD CARELLI KOSTIC SLEETH & WADE APC; DANIEL R. SHINOFF,an individual; and JEANNE FAC Filed: March 3, 2017 BLUMENFELD,an individual; ROBERT Trial: None Set PRICE,an individual; ESI INTERNATIONAL, INC., a California DATE: June 5, 2017 corporation; and DOES 1-50, Inclusive, TIME: 1:30 P.M. Reservation No: 72585745 Defendants. PLEASE TAKE NOTICEthat on June 5, 2017 at 1:30 p.m. or as soon thereafter as thematter may be heard in Department C-34 of the above-entitled Court located at 700 CivicCenter Drive West, Santa Ana, California 92701, before the Honorable Martha K. Gooding,Defendants STUTZ ARTIANO SHINOFF & HOLTZ, a California professional corporation,now known as ARTIANO SHINOFF ABED BLUMENFELD CARELLI KOSTIC SLEETH1 Notice of and Defendants’ Special Motion to Strike AS7 Law San Diego/7011/0010/PL/S0343830.DOCX A R T I A N O S H I N O F F O O ° ° 9 O N n n B A W N N O N N N N N N N N N N e m e m e m e m e m e m e d e m p e c o N I O N W n BR A W I N D = O O N N S Y N R W N D = O & WADE APC; DANIEL R. SHINOFF and JEANNE BLUMENFELD (collectively “Shinoff Defendants”) will move this Court for an order striking Plaintiff’s First Amended Complaint in its entirety based upon the anti-SLAPP statute, Code of Civil Procedure section 425.16, and as to each cause of action for 1) Malicious Prosecution; 2) Negligence; and 3) Intentional Infliction of Emotional Distress (IIED)as to the Shinoff Defendants. Good cause exists to grant the relief sought on the grounds that the First Amended Complaint implicates Shinoff Defendants’ right to free speech and to petition because it 1) involves filing public-employee disciplinary charges against Plaintiff on behalf of the Capistrano Unified School District; 2) prosecuting an administrative hearing against Plaintiff as authorized by the District; and 3) filing a petition for writ of mandate as authorized by the District, following the decision by the Office of Administrative Hearings. Good cause further exists based upon grounds that Plaintiff is unable to provide facts sufficient to satisfy Plaintiff's burden showing that Plaintiff has a “probability of success” on the merits ofthis lawsuit. Plaintiffreleased ShinoffDefendants from all liability stemming from the disciplinary proceedings against him, Shinoff Defendants are immune from suit for negligence and ITED, and Shinoff Defendants did not act with malice. This motion is based upon this Notice of and Motion, the Memorandum of Points and Authorities in Support, the attached exhibits, the Declaration of Jeanne Blumenfeld, and upon all other pleadings, papers, records, and other documentary material on file herein and on such matters that the Court may take judicial notice. This matter will be decided on the date and time set forth above by personal appearance in open court. Counsel may obtain the tentative ruling, if any, by 5 p.m. on the Friday 11 11 1 /1 11 11 Notice of and Defendants’ Special Motion to Strike AS7 Law San Diego/7011/0010/PL/S0343830.DOCX A R T I A N O S H I N O F F O O © N N O N n n B A W N = N N N N N N N N N N N E E e m e m e m e m e m e e p m c o N N O N W n R A W D = O N N N n N B R E W N D = O o preceding the hearing date, via the directory/civil/tentative-rulings/. Internet at http://www.occourts.org/ Dated: May 9, 2017 ARTIANO SHINOFF Jack M. Sleeth Paul V. Carelli Liubisa Kosti¢ Attorney for Defendants, ARTIANO SHINOFF ABED BLUMENFELD CARELLI KOSTIC SLEETH & WADE APC; DANIEL SHINOFF: JEANNE BLUMENFELD AS7 Law San Diego/7011/0010/PL/S0343830.DOCX Notice of and Defendants’ Special Motion to Strike Na N O o 0 9 A N W n 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 PROOF OF SERVICE Orange County Superior Court — Case No: 30-2016-00875744-CU-PO-CJC I am and was at all times herein mentioned over the age of 18 years and not a party to the action in which this service is made. At all times herein mentioned I have been employed in the County of San Diego in the office of a member ofthe bar of this court at whose direction the service was made. My business addressis 2488 Historic Decatur Road, Suite 200, San Diego, California 92106. On May 9, 2017, I served the following document(s): Notice of and Defendants’ Special Motion to Strike; Points and Authorities in Support of Defendants Stutz, et al., Blumenfeld and Shinoff’s Special Motion to Strike; and Declaration of Jeanne Blumenfeld in Support of Defendants’ Special Motion to Strike BY ELECTRONIC SERVICEvia the Court’s e-service provider to the email addresses as follows: Christopher S. Dunakin, Esq. Attorneys for Plaintiff Wilcox, Dunakin & Chrisopolous, LLP BRENT MELBON 30900 Rancho Viejo Road, Suite 200 San Juan Capistrano, CA 92675 Tele.: (949) 272-0800 Fax: (949) 272-0789 Email: chris@wdc-law.com [ declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on May 9, 2017, at San Diego, California. : “‘Sdzanne Holderby AS7 Law San Diego/7011/0010/SH/S0338219.DOCX