
Alexa Nikolas v. Bryan Freedman, Melissa Nathan, and Jed Wallace - Freedman's anti-SLAPP motion denied, judge rules she has probability of prevailing
Alexa Nikolas's LA Superior Court lawsuit against Bryan Freedman, Melissa Nathan, and Jed Wallace has survived Freedman's special motion to strike (anti-SLAPP motion), which was denied in full. You can read the judge's ruling here: https://nikolasvfreedman812antislapp.tiiny.site/ .
(Most interesting part starts under "DISCUSSION" on p. 8, after judge rules on requests for judicial notice/evidentiary objections and recites the anti-SLAPP standard in general terms.)
Additional background on the Nikolas case and how it grew out of discovery from Lively v. Wayfarer and Jones v. Abel here: https://www.reddit.com/r/ItEndsWithCourt/comments/1ua7464/alexa_nikolas_v_bryan_freedman_melissa_nathan_and/
Next steps in the case:
- Nathan and Wallace (+ his firm Street Relations) still have yet to be served. The reason for the delay is unclear at this point
- Case management conference scheduled for September 28. Both sides are technically at risk of sanctions during that hearing -- Nikolas for not having served all defendants (presumably risk of sanctions will be lower if she has served Nathan + Wallace by then), Freedman for having included "spurious and erroneous citations" in his anti-SLAPP motion, i.e. case cites that did not say what he claimed they said.
- Once Nathan and Wallace are served, they will have to Answer separately and should be able to file their own anti-SLAPP motions or motions to dismiss, though their chances might not be great given the judge's reasoning in denying Freedman's motion.
- Discovery should be able to proceed at this point, though if Freedman appeals, it would likely be stayed pending appeal.