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Mark Allen Goldowitz

Mark Goldowitz’s Answers

18 total


  • Does the deadline to file an opposition also get extended if the motion hearing date gets rescheduled by the court? LA Attorney

    I filed a Discovery Motion and I just got word from Court that the hearing was being rescheduled to another date and time. Does the deadline for other party to submit opposition and my reply also get extended be default as well?

    Mark’s Answer

    Yes. See CCP 1005(b) (last sentence).

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  • Is it defimation if a newspaper writes an artical saying I have done certain things that I have not done?

    I am a small business that is being sued by a huge conglomerate for something rediculous. It's something I didn't do, and they can't even prove anything. But they have contacted a newspaper in the area and had them write a very ugly artical about ...

    Mark’s Answer

    If the newspaper has published a fair and true report of what is in the lawsuit, that would be privileged and there would be no defamation claim. See Civil Code section 47(d)(1)(D) (see link below).

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  • Is this defamation of character?

    I was working on a residential remodel and the client refused to pay (he was under the assumption that he could add additional work for the same cost). I am owed in excess of 18K and had placed a lien on the property. in retaliation, the client fi...

    Mark’s Answer

    Under Civil Code section 47(b) (see link), your former client's complaint to the state Board is absolutely privileged, even if it contains false statements. If you filed a defamation suit against him, he could respond with an anti-SLAPP motion per Code of Civil Procedure section 425.16 (see l;ink) and you would likely end up having to pay him his attorneys' fees. Not a good idea. Best to just let the Board investigate and dismiss, as you anticipate will occur. Good luck.

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  • What's the statute of limitation in California for tort of interference with prospective economic advantage?

    The other party is suing me for internet libel on a review I posted 2.5 years ago.

    Mark’s Answer

    Statute of limitations for libel is one year. Code of Civil Procedure section 340(c).

    If you want to email us the Complaint, our office can review it and and see if we can help you to invoke the anti-SLAPP law, Code of Civil Procedure section 425.16.

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  • I got served with a cross complaint in a Superior Court lawsuit. I filed for a demurrer and now can I an Anti-Slapp motion also.

    I want to file an Anti-Slapp, but I already file for a demurrer hearing. Can I do both at the same time?

    Mark’s Answer

    Filing a demurrer does not preclude you from filing an anti-SLAPP motion.

    If you want to see whether the California Anti-SLAPP Project can file an anti-SLAPP motion on your behalf, or you want to learn more about such motions, you can visit www.casp.net.

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  • I am trying to understand how to file an anti-slapp motion.

    The statutes state that an anti-slapp motion must be filed within 60 days of being served the complaint. (In my case, a defamation suit.) But, one must respond within 30 days with "something." So, if I want to respond with an anti-slapp motion, wh...

    Mark’s Answer

    Some local court rules require you to meet and confer before filing a motion, but generally it is not required in this context. However, it is not prohibited, so it is not improper for the plaintiff to explore settlement. If you win your motion, you are entitled to a court order requiring the plaintiff to pay your reasonable attorney fees.

    You can find a lot of information about anti-SLAPP motions at the following website:

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  • Appealing an Anti Slapp judgement where fees were awarded? What codes exist to establish presicident?

    The court made an incorrect application of law, ruling that my partition actions and related tort filing was a SLAPP against my ex finance, who files a fraudlent divorce action two years previously. Since partition is unrelated to divoirce, the SL...

    Mark’s Answer

    The courts have held that to stay the order awarding attorneys fees under the California anti-SLAPP law, Code of Civil Procedure section 425.16, pending appeal, you must post a bond, or else the fee order is enforceable pending appeal: "In sum, construing section 917.1(a)(1) together with the relevant provisions of sections 917.1 (subds. (a) & (d)) and 1033.5 (subds. (a)(1)(A)(2) & (c)(5)), and considering the legislative intent underlying the anti-SLAPP statute with a view to promoting the general purpose of that statute, we hold that a SLAPP plaintiff’s perfecting of an appeal from a judgment awarding attorney fees and costs to a prevailing SLAPP defendant under subdivision (c) of section 425.16 does not automatically stay enforcement of the judgment. To stay enforcement of such a judgment, the SLAPP plaintiff must give an appropriate appeal bond or undertaking under the money judgment exception to the automatic stay rule. " (Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1434.) (See link.)

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  • Is the Anti-SLAPP defense allowed in the 9th circuit federal courts?

    Can a person file an anti-SLAPP motion in federal court in the 9th circuit? Or if you can not file the motion can you use case law from state decisions in federal court? I also wanted to know about quoting other circuits decisions in motions a...

    Mark’s Answer

    The Ninth Circuit has held that a defendant can file an anti-SLAPP motion in federal court under the California anti-SLAPP law to challenge state law claims. United States ex rel. Newsham v. Lockheed Missiles & Space Co., 190 F.3d 963, 970-973 (9th Cir. 1999); Hilton v. Hallmark Cards, 599 F.3d 894, 900 fn. 2 (9th Cir. 2010). Examples of state-lw claims would be claims for defamation or infliction of emotional distress. However, the courts have held that the anti-SLAPP law cannot be used to challenge federal claims in federal court. In re Bah, 321 B.R. 41 (B.A.P. 9th Cir. 2005); Globetrotter Software, Inc. v. Elan Computer Group, Inc., 63 F.Supp.2d 1127, 1129-1130 (N.D. Cal. 1999). Examples of federal claims would be claims of violation of federal civil rights or RICO.

    Links to the cases cited are below

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  • Someone is threatening to sue me over an angry email i sent

    I was a client working with a company to hold an event. The person i was working with was fired and his manager refused to give me the same prices as the original worker ( that is why they were fired). I declined the new offer but i was so angry a...

    Mark’s Answer

    I assume that in Texas. as in California, a plaintiff can sue for intentional infliction of emotional distress (or something like that) due to extreme and outrageous conduct.

    Even if you eventually defeat such a lawsuit, it can involve a lot of time and effort and distress.

    Better to prevent the suit from being filed. It was good that you apologized. But since the other person still wants to sue you, you should get some help (from a lawyer or a dispute resolution specialist) to try to resolve this matter to your mutual satisfaction so you don't have to deal with a lawsuit.

    If you need further assistance, feel free to email me and we may be able to suggest some TX resources.

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  • Can the plaintiff try and serve me before court date after I filed motion to quash service?

    I filed a motion to quash service for improper service and the court set a date. Can the plaintiff try and serve me again before the court date or does the plaintiff have to wait until the court date before trying to serve me again?

    Mark’s Answer

    Yes, he can.

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