1 25 26 27 28 ‘THE VAN VLECK LAW FIRM, LLP Brian F. Van Vleck, State Bar No. 155250 Stuart H. Kluft, Start Bar No. 315081 5757 Wilshire Blvd., Suite 535 Los Angeles, California 90036 Telephone: (323) 920-0250 Facsimile: (323) 920-0249 Attomeys for Defendant, Njoki Woods SUPERIOR COURT OF THE STATE OF CALIFORNIA FOR THE COUNTY OF RIVERSIDE SERVICE EMPLOYEES INTERNATIONAL UNION, UNITED HEALTHCARE WORKERS — WEST; AND DAVE REGAN, Plaintiffs, NJOKI WOODS, Defendant, & oS Rad FILED e SUPERS SOUT Ra 4 JUN 11 2019 a L. VILLANUEVA Case No. RIC1902014 ‘Assigned for Law and Motion Purposes to: Hon. Irma Poole Asberry Dept. 05 NOTICE OF MOTION AND SPECIAL MOTION TO STRIKE PLAINTIFFS’ COMPLAINT; MEMORANDUM OF POINTS AND AUTHORITIES [Code Civ. Proe § 425.16 — ANTI-SLAPP MOTION, [DECLARATION OF NJOKI WOODS; REQUEST FOR JUDICIAL NOTICE; AND. [PROPOSED] ORDER FILED. CONCURRENTLY HEREWITH] Heating Date: July 17,2019 Hearing Time: 8:30 a.m. Courtroom: Dept. 05 Confirmation Number: RES91789 Action Filed: March 21,2019 Trial Date: None Set "NOTICE OF SPECIAL MOTION TO STRIRE| ee gle @ENAT &a ) e ' 1 | TO THE COURT AND TO PLAINTIFFS: c PLEASE TAKE NOTICE that on July 17, 2019 at 8:30 a.m., in Department 05 of the led Court, located at 4050 Main Street, Riverside, CA 92501, Defendant Njoki Woods 3 | above-er 4 | Woods” or “Defendant”) will and hereby does move the court for an order to strike the 5 | Complaint of Plaintiffs, Service Employees Intemational Union, United Healthcare Workers — 6 | West, and Dave Regan (collectively “Plaintiffs”) in its entirety pursuant to California Civil 7 | Procedure Code Section 425.16. 8 First, the allegations in Plaintiffs’ Complaint arise out of protected activity. Specifically, the 9 | allegations relate to Wood’s communications and speech in furtherance of her right of petition or 10 | free speech. Second, Plaintiffs cannot establish a probability of prevailing on their claims. Third, 11 | Woods is entitled to and requests her attomeys’ fees and costs incurred in prosecuting this motion. 12| An award of attorney's fees and costs is authorized by California Civil Procedure Code Section 13 | 425.16(c). Woods will seek her attorneys’ fees and costs through a separate noticed motion should 14 |her special motion to strike be granted. Is This motion is based on this Notice of Motion, the attached Memorandum of Points and 16 | Authorities; the attached Declaration of Njoki Woods, the records and files in this aetion, and such 17 J other evidence and argument as the Court may allow in connection with the hearing on this motion. 18 19 Dated: June 11, 2019 Respectfully Submitted, 20 THE VAN VLECK LAW FIRM, LP 21 o 22 23 By: Brian F, Van Vleck 24 Stuart H. Kluft Attorneys for Defendant Njoki Woods NOTICE OF SPECTAL MOTION TO STRIKE|Row ND 10 MW 12 13 4 15 16 7 18 19 20 a 2 23 24 25 26 27 28 nL I. Vv. v. Vi. TABLE OF CONTEN’ INTRODUCTION FACTUAL BACKGROUND. A, Defendant Witnessed and Suffered, in her Employment with Plaintiff SEIU-UHW, Extreme Sexual Favoritism, Racism, a President with Alcohol on His Breath, Backroom Deals, and Potentially Hlegal Electioneering. B. Defendant Speaks to the Me‘ C. Plaintiffs have Defendant Fired and File this Defamation Lawsuit to Chill Her Right to Free Speech... LEGAL STANDARD. A. Anti-SLAPP....... B. Defamation ~ Slander Per Se... ARGUMENT... A. Plaintiffs’ Sole Cause of Action for Defamation Arises from Defendant ‘Woods’ Protected Activities. é B. Plaintiffs’ Are Unable to Support a Judgment in Their Favor. 1. Plaintiffs cannot prevail on their sole cause of action for defamation because itis privileged 2. Truth as a defense to defamation. 3. Plaintiffs cannot show that Defendant’s statements were made with knowledge that they were false, or with reckless disregard for the truth. — ATTORNEY FEES AND COSTS SHOULD PROPERLY BE AWARDED TO DEFENDANT WOODS UNDER THE ANTI-SLAPP STATUTE CONCLUSION... SPECIAL MOTION TO STRIRE;| Code Civ. Proc § 425.16 — Anti-SLAPP|