Thursday, October 12, 2006

Mordechai Tendler v. Bloggers - Order Granting SLAPP Motion

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Superior Court of California
County of Santa Clara

Case No. 1-06-CV-064307
ORDER RE: Special Motion to Strike

Mordechai Tendler, Plaintiff,
John Doe, Defendant

The special moiton to strike of the owners of internet web addresses,, and, sued herein as defendant John Doe, came on for hearing before the Honorable Neal A. Cabrinha on October 12, 2006 at 9:00 am in Department 10. The matter having been submitted, the Court now rules as follows:

On August 2, 2006, after defendants first filed a special motion to strike, plaintiff voluntarily dismissed this action. A plaintiff may not avoid liablity for attorney fees and costs by voluntarily dismissing an action while a special motion to strike is pending. [See ARP Pharmacy Services, Inc. v. Gallagher Bassett Services, Inc. (2006) 138 Cal. App. 4th 1307, 1323] Although defendants


filed the special motion to strike before plaintiff voluntarily dismissed the action, the original hearing was improperly taken off calendar through no fault of defendants. Defendants have demonstrated that they would have prevailed on the merits of the motion but for the voluntary dismissal. Accordingly, defedants are awarded their attorney fees and costs pursuant to CCP 425.16(c). This ruling does not affect the voluntary dismissal.

October 12, 2006

Neal A. Cabrinha
Judge Of The Superior Court



Anonymous Anonymous said...

Where was the plaintiff lawyer? Did the defendant Rabbi have SAFECO Insurance paying for his spilling of the seed campaign abuse of humans? Did they all make money off plaintiff? Did the money now go if there was a settlemnt to lawyers and defendant lawyers? Justice Seeker--

October 23, 2006 9:48 PM  

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