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S.B. BEACH PROPERTIES v. BERTI

No. B168950.

16 Cal.Rptr.3d 204 (2004)

S.B. BEACH PROPERTIES et al., Plaintiffs and Respondents, v. Richard A. BERTI et al, Defendants and Appellants.

Court of Appeals of California, Second District, Division Six.

Review Granted October 27, 2004.

Attorney(s) appearing for the Case

Davis Wright Tremaine, Kelli L. Sager, Sonja R. West, Gary L. Bostwick, Foley & Bezek and Peter J. Bezek, for Defendants and Appellants.

Cappello & Noel, A. Barry Cappello, T.A. Thielemann, Santa Barbara, and Christoph T. Nettesheim, for Plaintiffs and Respondents.

GILBERT. P.J.

Defendants, believing they are the victims of a SLAPP suit (strategic lawsuit against public participation), file a special motion to strike the complaint and for attorney's fees and costs. (Code Civ. Proc., § 425.16.)1 Plaintiffs voluntarily dismissed the suit before defendants filed the motion. The trial court determines the dismissal deprives it of jurisdiction to decide the motion. We reverse. The trial court has...

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