KYLE v. CARMON

No. C029072.

84 Cal.Rptr.2d 303 (1999)

71 Cal.App.4th 901

James KYLE, Plaintiff and Appellant, v. Shelly CARMON, Defendant and Respondent.

Court of Appeals of California, Third District.

April 28, 1999.


Attorney(s) appearing for the Case

Paul Nicholas Boylan, Sacramento, for Plaintiff and Appellant.

Mark Goldowitz, Richmond, and David Howard, San Jose, for Defendant and Respondent.


SIMS, Acting P.J.

Plaintiff James Kyle filed a civil action for damages against defendant Shelly Carmon. Claiming plaintiffs suit was a "strategic lawsuit against public participation" (SLAPP), defendant moved to dismiss the action pursuant to Code of Civil Procedure section 425.16.1 A hearing was held on the SLAPP motion and, at the conclusion of the hearing, the trial court took the motion under submission. While the motion was under...

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