JP Hyan v. Liberty Surplus Insurance Corporation et al

Filing 41

MINUTE ORDER IN CHAMBERS by Judge Gary A. Feess: Order re: Notice of Additional Authority. The cited authority does not change the Court's analysis though, and it does not affect the outcome of the motion. It merely reflects the result of an ap peal in a related case. And while Gelbard does discuss the elements of anti-SLAPP motions, it does not set forth any new rule for these motions, nordoes it run contrary to the Court's earlier determination. Accordingly, the Court's prior order stands. See document for details. (smo)

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LINK: UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA CIVIL MINUTES - GENERAL Case No. CV 14-2004 GAF (FFMx) Title JP Hyan v. Liberty Surplus Insurance Corporation et al Present: The Honorable Date June 24, 2014 GARY ALLEN FEESS Stephen Montes Kerr Deputy Clerk None Court Reporter / Recorder N/A Tape No. Attorneys Present for Plaintiff: Attorneys Present for Defendant: None None Proceedings: (In Chambers) ORDER RE: NOTICE OF ADDITIONAL AUTHORITY The Court is in receipt of Plaintiff’s notice of additional authority, filed in opposition to a previously-pending anti-SLAPP motion. (Docket No. 39.) The notice was submitted a few hours before the Court granted that motion. (Docket No. 40.) However, like two ships passing in the night, the Court neglected to take Plaintiff’s notice into account prior to issuing its order. The cited authority does not change the Court’s analysis though, and it does not affect the outcome of the motion. It merely reflects the result of an appeal in a related case. See Gelbard v. Hummer, 2014 WL 2202761 (Cal. Ct. App. May 28, 2014). And while Gelbard does discuss the elements of anti-SLAPP motions, it does not set forth any new rule for these motions, nor does it run contrary to the Court’s earlier determination. Accordingly, the Court’s prior order stands. IT IS SO ORDERED. CV-90 (06/04) CIVIL MINUTES - GENERAL Page 1 of 1

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