Padilla v. Jakubaitis CA4/3
Plaintiff Carlos Padilla III (Padilla) appeals from the order granting defendant Frank Jakubaitis’s special motion to strike under California’s anti-SLAPP statute, Code of Civil Procedure section 425.16, which struck the defamation claim alleged against Jakubaitis from Padilla’s first amended complaint. (All further statutory references are to the Code of Civil Procedure unless otherwise specified.) Padilla contends the trial court erred by granting the anti-SLAPP motion because (1) the motion was untimely; (2) Jakubaitis lacked standing to file the motion because he had filed a bankruptcy petition; and (3) Padilla carried his burden of proving a probability of prevailing on his defamation claim. We reject each of Padilla’s arguments and affirm the order granting the anti-SLAPP motion striking the defamation cause of action.
Comments on Padilla v. Jakubaitis CA4/3