LIU YANG ET AL VS. ANANYA RAJU ET AL

Matter on Calendar for Thursday, August 7, 2025, Line 4, 1. PLAINTIFFS LIU YANG AN INDIVIDUAL, WEGROW SCHOOL CALIFORNIA, LLC'S Motion Pursuant To Code Of Civil Procedure Section 425.16(C)(1) For Award Of Attorneys Fees Incurred To Oppose Defendant Anaya Raju'S Anti-Slapp Motion.

Plaintiffs Liu Yang and Wegrow School California LLC bring a motion for fees they incurred in successfully litigating defendant Anaya Raju's anti-SLAPP motion. The court concludes that a separate motion is appropriate here but that the reasons for its initial denial after plaintiffs orally requested fees at the hearing on Raju's anti-SLAPP motion remain sound.

A plaintiff who prevails on an anti-SLAPP motion may recover fees where the court finds that the motion "is frivolous or is solely intended to cause unnecessary delay." (CCP 425.16(c)(1).) Plaintiffs seek fees under the "frivolous" prong. As it did in its June 9, 2025 order, the court concludes that the evidence Raju provided concerning Yang's retaliatory motive, and retaliatory cases she has brought in other instances, remain sufficient to render the motion nonfrivolous.

The rule as stated in City of Cotati v. Cashman (2002) 29 Cal.4th 69, 77, that a lawsuit is not a SLAPP simply because it comes after an act of speech, arose in the context of a cross-complaint. In preparing for the hearing on the anti-SLAPP motion in this case, this court did not find a published case where an appellate court squarely applied that holding to a case that did not arise out of a cross-complaint. Accordingly, the court concludes that Raju's motion presented a good faith argument for distinguishing City of Cotati rather than a frivolous end-run around City of Cotati.

For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.

Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.