Delfino Appeals Motion to Strike as Varian SLAPP denial:
"To the clerk of the above entitled court:
NOTICE IS HEREBY GIVEN that defendant Michelangelo Delfino hereby appeals from that certain appealable Order 1 made and entered by the court in this action on November 1, 2000. Such Order reads as follows: (italics indicate appealable portion of the order)
"Minute Order After Proceedings on October 26, 2000. The Demurrers to the 7th cause of action is (sic) sustained with leave to amend. The demurrers are overruled in all other respects. The motion to strike is denied. The Motions to Strike A SLAPP suit are denied." Dated November 1, 2000.
NOTICE IS FURTHER GIVEN that defendant Michelangelo Delfino designates the following papers or records on file or lodged with clerk of the above entitled court which this defendant desires incorporated in the record on appeal:
1. Defendant Delfino's Notice of Special Motion to Strike the Third Amended Complaint; the Special Motion to Strike; Memorandum of Points and Authorities (C.C.P. fl425.16) [filed on or about 10/5/2000]
2. Plaintiff's Opposition to Delfino's and Day's Motion to Strike Third Amended Complaint Pursuant to C.C.P. fl425.16; Plaintiffs' Request for Attorney's Fees [filed on or about 10/16/2000]
3. Defendant Delfino's Reply Brief in Support of His Special Motion to Strike the Third Amended Complaint. [filed on or about 10/23/2000]
4. Minute Order dated November 1, 2000.
5. Defendant Delfino's Objections to Plaintiffs' Exhibits CC & DD in Their Opposition to Special Motion to Strike the Third Amended Complaint. [filed on or about 10/23/2000].
6. Defendant Delfino's Objections to Declaration of Matthew Poppe to PlaintiffsÌ Opposition to Special Motion to Strike the Third Amended Complaint [filed on or about 10/23/2000].
7. Third Amended Complaint [filed on or about 8/21/2000]
8. Delfino's Declaration in Support of Motion to Strike SLAPP Suit (with Exhibits Vol. I and Vol. II). [filed on or about 10/5/2000]
9. Demurrer to Third Amended Complaint, Pts. & Auth., Notice of Hearing. [filed on or about 9/25/2000]
10. Declaration of Matthew Poppe to Plaintiffs' Opposition to Special Motion to Strike the Third Amended Complaint [filed on or about 10/16/2000].
11. Defendant, Mary Day's, Notice of Demurrer and Motion to Strike Third Amended and Supplemental Complaint. [filed September 26, 2000]
12. Defendant, Mary Day's, Memorandum of Points and Authorities in Support of Demurrer and Motion to Strike Third Amended and Supplemental Complaint, [filed September 26, 2000]
13. Defendant's, Mary Day's, Memorandum of Points and Authorities in Support of Motion to Strike - SLAPP Suit [filed September 26, 2000]
14. Declaration of Randall M. Widmann in Support of Defendant, Mary Day's, Demurrer and Motion to Strike Third Amended and Supplemental Complaint [filed September 26, 2000]
15. Defendant Mary DayÌs Declaration's in Support of Motion to Strike - SLAPP Suit [filed September 26, 2000]
16. Declaration of Glynn Falcon in Support of Special Motion to Strike the Third Amended Complaint [filed October 23, 2000]
17. Defendant's, Mary Day's, Reply Memorandum of Points and Authorities in Support of Motion to Strike - SLAPP Suit [filed October 23, 2000]
Appellant reserves the right to supplement, amend or correct this designation at a later date.
NOTICE IS FURTHER GIVEN that defendant Michelangelo Delfino requests the preparation of a reportÌs transcript of the oral proceedings in this action for the following date, department and time which this defendant desires incorporated in the record on appeal:
1. October 26, 2000, Dept. 17 (Judge Rushing's Dept.) for this matter on the 9:00 a.m. calendar.
Dated: November 7, 2000
Glynn P. Falcon, Attorney for Michelangelo Delfino, defendant and appellant."
1. Civil Code fl425.16(j) "An order granting or denying aspecial motion to strike shall be appealable under Section 904.1" "
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