Ace Industrial Supply v. Tool Masters CA2/7
Ace Industrial Supply, Inc. (Ace), appeals from an order granting Tool Masters’ special motion to strike the complaint (Code Civ. Proc., § 425.16; anti-SLAPP statute). Ace contends the trial court had no jurisdiction to grant the special motion to strike after Ace voluntarily dismissed its complaint against Tool Masters; the complaint did not arise from protected activity under section 425.16; and Ace demonstrated a probability of prevailing on its claims. We conclude the trial court lacked jurisdiction to rule on the special motion to strike after the voluntary dismissal because there was no pending motion for attorney’s fees. We reverse and remand to the trial court with directions to vacate its order ruling the special motion to strike had merit and Tool Masters was entitled to an award of attorney’s fees.
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