Wake-up, Dick!
"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. 425.16)
Defendant, Michelangelo Delfino, hereby specially motions the court for an order striking:
1. The Third Amended Complaint as to all plaintiffs; or alternatively,
2. The Third Amended Complaint as to the two corporate plaintiffs, Varian Semiconductor Equipment Associates, Inc., and Varian Medical Systems, Inc.
This legal authority for this motion is California Code of Civil Procedure Section 425.16.
3. Defendant also requests leave to file supplemental papers to claim and support an award of attorney's fees and costs in conjunction with prevailing upon this motion.
4. Defendant requests any other relief the court deems just and proper.
October 4, 2000
Glynn P. Falcon
SPECIAL MOTION TO STRIKE POINTS & AUTHORITIES
I. Introduction
Defendant Michelangelo Delfino has engaged in public forum Internet discussions on matters of public interest, has published Internet statements in connection with issues under consideration or review by judicial bodies (i.e., EDD/CUIAB/Superior Court/U.S. District Court)), and published Internet web-sites that report upon the statements, events and filings made in this judicial proceeding. All of these activities are protected by the First Amendment to the U.S. Constitution and by the California Constitution, Article I, Section 2. Plaintiffs, particularly the corporate plaintiffs, have brought this lawsuit against Dr. Delfino for the purpose of preventing his exercise of free speech on matters of public concern and upon matters before administrative and judicial bodies. Code of Civil Procedure section 425.16 provides for a special motion to strike Strategic Lawsuits Against Public Participation (SLAPP's).
This special motion to strike, and its supporting declarations, establish that plaintiffs' 3rd Amended Complaint is brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances, establishes that plaintiffs are unlikely to prevail on the merits of their complaint, and that it should be stricken with defendant awarded his costs and attorney's fees. ..." |
