Motion for SLAPP
The special Motion by Cross-Defendants LVNV Funding LLC and Nelson & Kennard Attorneys at Law to strike cross-complainant Christopher Kwak’s cross-complaint is granted in part and denied in part. The motion is granted as to Nelson & Kennard as to the first cause of action of the cross-complaint; it is otherwise denied. Cross-Complainant’s request for judicial notice is granted.
Code Civ. Proc. §425.16 provides in relevant part: “A cause of action against a person arising from any act of that person in furtherance of the person's right of petition or free speech under the United States or California Constitution in connection with a public issue shall be subject to a special motion to strike, unless the Court determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim.” This section is to be construed broadly. Code Civ. Proc. § 425.16(a).
The court’s determination of an anti-SLAPP motion is a two-step process. F