Jackson Browne v. John McCain et al

Filing 29

NOTICE OF MOTION AND MOTION to Strike the Fourth Claim of the Complaint filed by DEFENDANT The Republican National Committee. Motion set for hearing on 12/8/2008 at 09:00 AM before Judge R. Gary Klausner. (Dang, Sang)

Download PDF
1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 HOWARD J. KLEIN (NO. 77029) hjklein@koslaw.com THEODORE P. LOPEZ (NO. 191328) tlopez@koslaw.com SANG N. DANG (NO. 214558) sdang@koslaw.com KLEIN, O'NEILL & SINGH, LLP 43 Corporate Park Suite 204 Irvine, CA 92606 Telephone: 949-955-1920 Facsimile: 949-955-1921 Attorneys for Defendant, THE REPUBLICAN NATIONAL COMMITTEE UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA WESTERN DIVISION ­ LOS ANGELES JACKSON BROWNE, an individual Plaintiff, vs. CASE NO. CV08-05334 RGK (Ex) DEFENDANT THE REPUBLICAN NATIONAL COMMITTEE'S NOTICE OF SPECIAL MOTION TO STRIKE UNDER C.C.P. § 425.16 JOHN MCCAIN, an individual; THE REPUBLICAN NATIONAL COMMITTEE, a non-profit political organization; THE OHIO REPUBLICAN PARTY; a non-profit political Hearing organization, Date: December 8, 2008 Time: 9:00 a.m. Place: Courtroom 850 Defendants. Judge: Hon. R. Gary Klausner THE RNC'S NOTICE OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 TO ALL PARTIES AND THEIR ATTORNEYS OF RECORD: PLEASE TAKE NOTICE that on December 8, 2008, at 9:00 a.m., or as soon thereafter as counsel may be heard, in Courtroom 850 of the above-entitled Court, the Honorable R. Gary Klausner presiding, located at 255 East Temple Street, Los Angeles, California 90012, Defendant The Republican National Committed ("RNC") will and hereby does move the Court for an order striking the fourth claim for relief in the Complaint filed by Jackson Browne ("Browne") under California's anti-SLAPP statute, Code of Civil Procedure § 425.16. This Motion is made following the conference of counsel pursuant to Local Rule 7-3, which took place on October 6, 2008. The Complaint's fourth claim for relief is based on speech in connection with a public issue or issue of public interest. Accordingly, this claim falls within the scope of Section 425.16(e)(4) and, as such, the burden shifts to Browne to establish, with competent and admissible evidence, a probability that he will prevail on that claim. C.C.P. § 425.16(b)(1). Browne cannot satisfy his burden for the following reasons: (1) Browne's claim fails because the Political Video that is the subject of his claim is non-commercial speech that relates to a matter of public interest; (2) The Political Video that is the subject of his claim is subject to full and stringent protection under the First Amendment, which bars the claim; and (3) The use of Browne's voice in the Political Video was transformative thereby precluding liability. This Motion is based on this Notice and the concurrently-filed supporting Memorandum of Points and Authorities, the RNC's concurrently-filed Notice of Motion to Dismiss under Federal Rule of Civil Procedure 12(b)(6) and the supporting Memorandum of Points and Authorities, concurrently-filed Joint Request For Judicial Notice, all papers, pleadings, records and files in this case, and on such other evidence and/or argument as may be presented to the Court on the hearing on this Motion. ________________________________________________________________________________ THE RNC'S NOTICE OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 1 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 The RNC respectfully requests that the Court strike the fourth claim for relief in Browne's Complaint with prejudice and without leave to amend. DATED: November 17, 2008 KLEIN, O'NEILL & SINGH, LLP By /s/ Howard J. Klein Howard J. Klein Attorneys for Defendant, THE REPUBLICAN NATIONAL COMMITTEE ________________________________________________________________________________ THE RNC'S NOTICE OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 2 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 THE RNC'S NOTICE OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 CERTIFICATE OF SERVICE I hereby certify that on November 17, 2008, I electronically filed the foregoing with the Clerk of the Court using the CM/ECF system which will send notification of the filing to all counsel of record. /s/ Sang N. Dang Sang N. Dang

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.


Why Is My Information Online?