HFOP City Plaza v. Brady, Vorwerck et al.
Defendant Brady, Vorwerck, Ryder & Caspino appeals from the denial of its special motion to strike plaintiff HFOP City Plaza, LLC’s complaint for declaratory relief. (Code Civ. Proc., § 425.16; all further statutory references are to this code unless otherwise stated.) Defendant contends the trial court erred in finding it had not met its burden under the first prong of the analysis to demonstrate the complaint was based on protected activity. It also requests judicial notice of an Orange County Register news article dated January 15, 2010, contending it shows plaintiff cannot sustain its burden to establish a probability of prevailing on the merits. Plaintiff opposes the request on the ground the news article is irrelevant to the issues on appeal. We agree and deny defendant’s request for judicial notice.
Comments on HFOP City Plaza v. Brady, Vorwerck et al.