Hahn v. Diaz-Barba
Defendants and appellants Alejandro Diaz-Barba (Diaz), Martha Barba De La Torre (Barba), Michael Kocherga, Nicholas Kocherga and Alexander Kocherga (the Kochergas) appeal from an order denying their Code of Civil Procedure section 425.16 special motions to strike the second amended complaint of plaintiffs and respondents Wolfgang Hahn and Nikita II, S.A. (at times respectively Hahn and Nikita). Defendants contend the trial court erred by denying their motions because the six causes of action alleged in the operative pleading assertedly arose from constitutionally-protected petitioning activity, namely defendants' alleged demand—as a condition to a proposed company share purchase and sale agreement—that bankruptcy adversary proceedings be dismissed. According to defendants, in reaching its ruling as to the first step of the section 425.16 analysis, the court did not consider the test applicable to a "mixed" cause of action arising from both protected and nonprotected
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