I have to fix the formatting on the document and have removed the text and will update it later...
Feb 12, 2016
Judge Dale Reinholtsen denies Harbor Commission motion to strike Leo Sears lawsuit
Judge Dale Reinholtsen promised he would have a ruling out this week and he did.
Leo Sear's attorney, Mr. William Bertain confirmed that Judge Dale Reinholtsen denies the defense's motion to strike Leo Sears lawsuit.
Briefly, Mr. Bertain said, "We won the motion to strike."
Judge Reinholtsen in the very last page of the ruling said that the defendant's motion to strike was exempt from anti-slapp analysis pursuant to CCP 425.17 (b).
Plaintiff, Leo Sears attorney costs and fees were denied because there was no frivolous delay.
Mr. Sears said, "I was confident that their challenge would be denied, and I look forward to the case going forward on its merits."
Harbor Commissioner Richard Marks said, "Round one was not in the Harbor Districts favor. Our motion to "strike" or the "anti Slapp statute" was denied. Disappointing but not earth shattering. I am confident we will prevail in the long run."
Previous posts:
http://johnchiv.blogspot.com/2015/10/leo-sears-filed-conflict-of-interest.html?m=1
http://johnchiv.blogspot.com/2015/11/fppc-opens-investigation-into-leo-sears.html?m=1
http://johnchiv.blogspot.com/2015/12/ant-slapp-constitutional-rights-and.html?m=1
The links above has details of both attorneys' arguments before the ruling. A court hearing which only I covered. It also has detailed background.
Leo Sear's attorney, Mr. William Bertain confirmed that Judge Dale Reinholtsen denies the defense's motion to strike Leo Sears lawsuit.
Briefly, Mr. Bertain said, "We won the motion to strike."
Judge Reinholtsen in the very last page of the ruling said that the defendant's motion to strike was exempt from anti-slapp analysis pursuant to CCP 425.17 (b).
Plaintiff, Leo Sears attorney costs and fees were denied because there was no frivolous delay.
Mr. Sears said, "I was confident that their challenge would be denied, and I look forward to the case going forward on its merits."
Harbor Commissioner Richard Marks said, "Round one was not in the Harbor Districts favor. Our motion to "strike" or the "anti Slapp statute" was denied. Disappointing but not earth shattering. I am confident we will prevail in the long run."
Previous posts:
http://johnchiv.blogspot.com/2015/10/leo-sears-filed-conflict-of-interest.html?m=1
http://johnchiv.blogspot.com/2015/11/fppc-opens-investigation-into-leo-sears.html?m=1
http://johnchiv.blogspot.com/2015/12/ant-slapp-constitutional-rights-and.html?m=1
The links above has details of both attorneys' arguments before the ruling. A court hearing which only I covered. It also has detailed background.
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