ADA CHIU VS. JACKSON YU ET AL

Real Property/Housing Court Law and Motion Calendar for April 29, 2026. Line 3. CROSS DEFENDANT ADA CHIU MOTION TO STRIKE CROSS COMPLAINT is DENIED.

According to the Notice of Motion moving party seeks to strike the cross complaint due to "cross-complaint's core theories [being] predicated on moving party's petitioning activities." (Notice of Motion 1:20-24). No other relief is sought per the Notice of Motion (albeit alternative relief is mentioned in the "Conclusion" section of the Points and Authorities, which is improper).

The Points and Authorities, citing to Baral v. Schnitt (2016) 1 Cal.5th 376, refer to surgical excision of petition-based allegations, "while leaving any discrete, independently sufficient non-petitioning theories intact." (Points and Authorities 6:26-7:6). Nothing in the Notice of Motion suggests which parts of the Cross-Complaint moving party seeks to excise, if any. Points and Authorities do not support the relief sought, i.e. the striking of the entire cross-complaint.

The Court notes that section B of the Points and Authorities discussing Plaintiff's Burden under the First Prong is devoid of any citations to case law. While case law is cited under section A ("Standard for anti-Slapp Motion") none of the cited authorities are analyzed and it is not clear if they are cited for any proposition other than black letter law on anti-SLAPP, e.g. Stewart v. Rolling Stone (2010) 181 Cal. App. 4th 664 cited as to the opposing party's burden to establish probability of prevailing on the merits. (Points and Authorities 4: 10-13).

The Court further notes that moving party fails to explain the legal significance of references to "gravamen" and "core theories" giving rise to the cross-complaint mentioned in section B(4) of the Points and Authorities. Moving party failed to establish that each and every claim in the Cross-Complaint arises out of the protected activity. Therefore, the Notice of Motion having sought to strike the Cross-Complaint (and not any specific claims therein), the motion is DENIED. The Court makes no determination whether any particular claims within the Cross-Complaint are subject to ANTI-Slapp as this issue is not properly before the Court per the Notice of Motion. =(501/CFH)

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