Legal Opinion

Kyle v. Carmon

California Court of Appeal

Decided April 28, 1999No. C029072PublishedCited by 78 opinions

1Opinion of the Court

Opinion

SIMS, Acting P. J.

Plaintiff James Kyle filed a civil action for damages against defendant Shelly Carmon. Claiming plaintiff’s suit was a strategic lawsuit against public participation (SLAPP), defendant moved to dismiss the action pursuant to Code of Civil Procedure section 425.16. A hearing was held on the SLAPP motion and, at the conclusion of the hearing, the trial court took the motion under submission. While the motion was under submission, plaintiff filed with the clerk a voluntary dismissal of the action with prejudice pursuant to section 581. Despite the filing of the…

2Cases cited25 opinions

  1. Ghirardo v. AntonioliCalifornia Supreme Court · 1994
  2. Wilcox v. Superior CourtCalifornia Court of Appeal · 1994
  3. Ginns v. SavageCalifornia Supreme Court · 1964
  4. Church of Scientology v. WollersheimCalifornia Court of Appeal · 1996
  5. Wells v. Marina City Properties, Inc.California Supreme Court · 1981

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3Cited by78 opinions

  1. ComputerXpress, Inc. v. JacksonCalifornia Court of Appeal · 2001
  2. Kashian v. HarrimanCalifornia Court of Appeal · 2002
  3. Wong v. JingCalifornia Court of Appeal · 2010
  4. HMS Capital, Inc. v. Lawyers Title Co.California Court of Appeal · 2004
  5. Tuchscher Development Enterprises, Inc. v. San Diego Unified Port DistrictCalifornia Court of Appeal · 2003

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