LAW OFFICES OF ANDREW L. ELLIS v. YANG

No. B205452.

178 Cal.App.4th 869 (2009)

LAW OFFICES OF ANDREW L. ELLIS, Plaintiff and Respondent, v. MELANIE YANG et al., Defendants and Appellants.

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

October 27, 2009.


Attorney(s) appearing for the Case

Law Offices of Jeffrey T. Bell and Jeffrey T. Bell for Defendants and Appellants.

Law Offices of Andrew L. Ellis, Andrew L. Ellis and Mitchell J. Langberg for Plaintiff and Respondent.


OPINION

ALDRICH, J.

I.

INTRODUCTION

In this appeal from the denial of an anti-SLAPP motion (Code Civ. Proc., § 425.16),1 we hold that the trial court lacked the jurisdiction to rule on the merits of the motion because prior to the ruling plaintiff had voluntarily dismissed the case before trial had commenced, i.e., plaintiff had filed a

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