Free Motion to Strike - District Court of California - California

Case 3:07-cv-02405-L-CAB

Document 8

Filed 02/05/2008

Page 1 of 2

1 Gerald L. McMahon, Esq. (SBN 036050) 2 3 4 5 6

Monty A. McIntyre, Esq. (SBN 95796) G. Scott Williams, Esq. (SBN 226516) SELTZER CAPLAN McMAHON VITEK A Law Corporation 750 B Street, 2100 Symphony Towers San Diego, California 92101-8177 Telephone: (619) 685-3003 Facsimile: (619) 685-3100

7 Attorneys for Defendants LOWLIFE CORPORATION LIMITED (incorrectly sued as 8 LOWLIFE CORPORATION, LTD); DALE MASTERS; and EBTM plc 9 10

UNITED STATES DISTRICT COURT OF CALIFORNIA SOUTHERN DISTRICT Delaware corporation, LOSERKIDS, INC., a California Corporation, MACBETH, INC., a California corporation, MACBETH OPTICS, LP, a California limited partnership, and REALLY LIKEABLE PEOPLE II, INC. (formerly ATTICUS CLOTHING, INC.), a California corporation, Plaintiffs, vs. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 07 CV 2405 L CAB NOTICE OF SPECIAL MOTION TO STRIKE UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 425.16 Date: Time: Courtroom: Judge: March 24, 2008 10:30 a.m. 14

11 REALLY LIKEABLE PEOPLE, INC., a 12 13 14 15 16 17 18

M. James Lorenz

19 LOWLIFE CORPORATION, LTD, an 20 English limited company, EVERYTHING

BUT THE MUSIC, plc, an English

21 corporation, DALE MASTERS, an 22 23 24 25 26 TO: 27 28

individual, and DOES 1 through 25, inclusive, Defendants.

ALL PARTIES AND THEIR ATTORNEYS OF RECORD:

NOTICE OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16

CASE NO. 07 CV 2405 L CAB

Case 3:07-cv-02405-L-CAB

Document 8

Filed 02/05/2008

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1

YOU ARE HEREBY NOTIFIED that on March 24, 2008, at 10:30 a.m. in Courtroom

2 14 of this Court, located at 880 Front Street, San Diego, California, Defendants LOWLIFE 3 CORPORATION LIMITED and DALE MASTERS will move the Court for an order to strike 4 the third and fourth causes of action. Said motion will be made under California Code of Civil 5 Procedure section 425.16 upon the grounds that the third and fourth causes of action should be 6 stricken pursuant to said statute. 7

Said motion will be based upon this Notice, the Memorandum of Points and Authorities

8 filed herewith, the accompanying Notice of Lodgment and documents lodged therewith, the 9 accompanying declarations of Monty A. McIntyre and Michael H. Riney, the Request for 10 Judicial Notice, and the complete files and records of this action. 11 12 13 Dated: February 5, 2008 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28
2 NOTICE OF SPECIAL MOTION TO STRIKE UNDER CCP § 425.16 CASE NO. 07 CV 2405 L CAB

SELTZER CAPLAN McMAHON VITEK

By: /s/ Monty A. McIntyre Gerald L. McMahon Monty A. McIntyre G. Scott Williams Attorney for Defendants LOWLIFE CORPORATION LIMITED, DALE MASTERS; and EBTM plc