Tentative ruling issued by Judge Richard LEE on Mar. 18, 2021 in Orange County, CA - Case no: xxxxx734

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On March 18, 2021, Judge Richard LEE of Orange County Superior Court, Department C31, issued the following tentative ruling.

The Reference Case No.: (Subscribe to View) Orange County, California. Hearing Date 03.18.2021.

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Plaintiff, Sanford Edward (“Plaintiff” or “Sanford”) moves for an order for an award of attorney’s fees and costs in the amount of $43,139.24 against Defendant, David Ellis (“Ellis”) pursuant to Code of Civil Procedure § 425.16(c)(1).
Plaintiff contends that Ellis’ special motion to strike pursuant to Code of Civil Procedure § 425.16, also known as an anti-SLAPP motion, filed on March 3, 2020, was frivolous and solely intended to cause unnecessary delay as the issues and legal arguments made in Ellis’ anti-SLAPP motion were identical to those made by Defendant, Dana Point Taxpayer’s Association (“DPTA”) in its anti-SLAPP motion filed on May 8, 2019, and rejected by the Court on October 3, 2019. Plaintiff also contends that no reasonable person would have expected a different outcome on the issues concerning the defamatory nature of the statements, malice, damages, and fair comment as nothing had changed in the facts or law. Moreover, Plaintiff contends that Ellis acted in bad ….....

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