EEL Holdings v. LA Church CA4/1 ( 2021 )


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  • Filed 12/22/21 EEL Holdings v. LA Church CA4/1
    NOT TO BE PUBLISHED IN OFFICIAL REPORTS
    California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or
    ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for
    purposes of rule 8.1115.
    COURT OF APPEAL, FOURTH APPELLATE DISTRICT
    DIVISION ONE
    STATE OF CALIFORNIA
    EEL HOLDINGS, LLC et al.,                                                   D078726
    Cross-complainants and
    Respondents,
    (San Bernardino County
    v.                                                               Super. Ct. No. CIVDS1931444)
    LA CHURCH, LLC et al.,
    Cross-defendants and
    Appellants.
    APPEAL from an order of the Superior Court of San Bernardino
    County, Lynn M. Poncin, Judge. Affirmed.
    Law Office of Richard Jacobs and Richard B. Jacobs for Cross-
    defendants and Appellants.
    Shantar Law, Nicholas S. Shantar; Scheppach Bauer PC, Brian R.
    Bauer; Law Office of Jeff Augustini and Jeff Augustini for Cross-
    complainants and Respondents.
    In this appeal, cross-defendants Stephanie Smith and C. Martin Smith
    (together, the Smiths) appeal from an order of the trial court denying their
    motion to strike specified portions of the cross-complaint filed by cross-
    complainants EEL Holdings, LLC (EEL), and Elliot Lewis (together,
    EEL/Lewis). The court concluded that the challenged allegations were not a
    “SLAPP” under Code of Civil Procedure section 425.16 (§ 425.16; at times the
    anti-SLAPP statute).1
    The underlying dispute is between the parties to a lease (Lease) for
    commercial premises in San Bernardino (Premises) and a personal guaranty
    of the Lease (Guaranty). Following vandalism and fires at the Premises,
    LA Church, LLC (LAC), as lessor, initiated the underlying action by suing
    EEL and Lewis, as lessee and guarantor, respectively. In a cross-complaint,
    EEL/Lewis alleged claims against the Smiths, LAC, and Industrial Partners
    Group (IPG).
    As relevant to the issues in this appeal, the Smiths focus on the
    following three, specific, allegations against them in EEL/Lewis’s cross-
    complaint: The Smiths breached the Lease “by suing for negligence”;
    the Smiths breached the Lease “by suing for loss of rent”; and the Smiths
    breached the Guaranty “by suing under it without any grounds to do so.”
    (Italics added.) Based on these allegations, the Smiths contend that the filing
    of LAC’s complaint in this action is constitutionally protected activity for
    purposes of applying the anti-SLAPP statute.
    Despite EEL/Lewis’s affirmative allegations in the cross-complaint that
    the Smiths breached the contracts by the filing of the complaint, in
    1      “ ‘SLAPP’ is an acronym for ‘strategic lawsuit against public
    participation.’ ” (Baral v. Schnitt (2016) 
    1 Cal.5th 376
    , 381, fn. 1 (Baral).)
    The anti-SLAPP statute sets forth the standards and the procedure for
    striking “meritless claims arising from protected activity.” (Id. at p. 384,
    italics omitted.)
    2
    determining whether the challenged claims arise from constitutionally
    protected activity, we must independently review the pleadings and evidence.
    As we explain, in doing so here, EEL/Lewis do not seek relief—or otherwise
    intend that the Smiths’ liability is—based on what the Smiths contend is the
    constitutionally protected activity of the filing of LAC’s complaint in this
    action. Thus, we will affirm the order denying the anti-SLAPP motion.
    I. FACTUAL AND PROCEDURAL BACKGROUND2
    In January 2019, LAC (as lessor) and EEL (as lessee), entered into a
    commercial lease for specified property in San Bernardino (previously
    identified as the Lease for the Premises). Approximately a month later,
    Lewis (as guarantor) executed a guaranty of the Lease (previously identified
    as the Guaranty).
    At no time has EEL occupied the Premises. After EEL took possession
    of the Premises, there were incidents of vagrancy and trespassing; and in
    August and October 2019, there were fires at the Premises. At that time,
    LAC and EEL disagreed as to who was responsible for insurance and
    whether the Lease had been terminated by a total destruction of the
    Premises.
    Days after the second fire, LAC filed the underlying action. LAC
    named EEL and Lewis as defendants, alleging the following four causes of
    action: (1) breach of contracts (the Lease and the Guaranty); (2) breach of the
    2     In making its determination whether a claim is subject to an
    anti-SLAPP motion, “the court shall consider the pleadings, and supporting
    and opposing affidavits stating the facts upon which the liability or defense is
    based.” (§ 425.16, subd. (b)(2); see City of Cotati v. Cashman (2002) 
    29 Cal.4th 69
    , 79 (City of Cotati).) Thus, we base our factual summary on the
    allegations in the complaint and cross-complaint and the evidence in support
    of and in opposition to the anti-SLAPP motion.
    3
    implied covenant of good faith and fair dealing in each of the contracts;
    (3) negligence; and (4) destruction of property.
    EEL/Lewis filed a cross-complaint, naming the Smiths, LAC, and IPG
    as cross-defendants. The cross-complaint asserts causes of action against “all
    cross-defendants” for: (1) breach of contracts (the Lease and the Guaranty);
    (2) breach of the implied covenant of good faith and fair dealing in each of the
    contracts; and (3) declaratory relief with regard to the parties’ obligations
    under the Lease and the Guaranty. (Capitalization and bolding omitted.) In
    addition—and as particularly significant in this appeal—EEL/Lewis alleged
    facts to support a claim that each of the Smiths was the alter ego of LAC.3
    The Smiths and others responded to the cross-complaint by filing a
    demurrer and the anti-SLAPP motion that resulted in the order on appeal
    (anti-SLAPP Order). With regard to the issues the Smiths raise on appeal, in
    3     These allegations include, but are not limited to, the following: “LAC is
    a shell company with no assets other than the Premises (which has [sic] been
    destroyed per LAC’s own complaint), [and] has no other assets . . . .”;
    “the Smiths are the true owners and operators of the Premises, and that
    insurance on the Premises was held in the name of IPG and/or the Smiths
    personally and that they stand to recoup fire insurance proceeds from the
    destruction of the Pr[emises] and not LAC”; “LAC has no employees or
    separate office or operations from IPG, which are both run as the personal
    business enterprise of the Smiths”; EEL “was instructed to wire the [$33,000
    security deposit for the Premises] to the ‘Stephanie Smith Irrevocable Income
    Trust’ . . . and not to LAC”; “LAC and IPG share an address and it appears
    both entities are controlled by the Smiths, so much so that they have
    instructed that business income (rental income) from LAC (through IPG) be
    deposited directly into a personal account held by the Smiths”; “the Smiths
    were and are commingling funds, using the corporate form for both IPG and
    LAC for their personal benefit and to evade creditors, and were directing
    payments owed to LAC to be paid directly for their benefit to personal
    accounts.”
    4
    their anti-SLAPP motion, they sought to strike the following three “portions”
    of the cross-complaint:
    • the Smiths “materially breached the Lease . . . by suing for negligence,
    which is not a basis for recovery under the Lease following a Premises
    Total Destruction”;
    • the Smiths “materially breached the Lease . . . by suing for loss of rent
    that it claims EEL refuses to pay, but which is expressly no[t] due
    under the terms of the Lease itself”; and
    • the Smiths “breached the Guarant[y] by suing under it without any
    grounds to do so, and after the termination of the Lease to which the
    Guarant[y] related and addressed.” (Italics added.)
    According to the memorandum of points and authorities in support of the
    motion, since each of these three claims is alleged to have arisen from the
    filing of the complaint in the lawsuit, each is an act in furtherance of the
    constitutional right to petition or free speech.
    EEL/Lewis opposed the anti-SLAPP motion by filing a memorandum of
    points and authorities and declarations from Lewis and EEL/Lewis’s counsel.
    Among other arguments, EEL/Lewis, through the following testimony from
    their attorney, explained that they were not seeking any relief from any of
    the cross-defendants based on LAC’s filing of the complaint:
    “Each of the challenged passages of the Cross-Complaint
    were [sic] intended to show the existence of an actual
    controversy between the parties over the interpretation of
    the Lease and the legal and financial ramifications of
    various salient Lese [sic] provisions following the October
    2019 fire. While some of the passages probably could have
    been drafted more clearly, it was not my intention, as set
    forth in the Prayer section of the Cross-Complaint, to seek
    any remedies or damages on behalf of [EEL/Lewis] based
    on the filing by LAC of its Complaint. Instead, the purpose
    of the challenged allegations was to show or support the
    5
    claims that LAC’s interpretation of the Lease was without
    merit, as evidenced in part by its inability to support its
    claims by citing any supporting references to actual Lease
    provisions in its Complaint.” (Italics added.)
    With regard to the three specific portions of the cross-complaint that are at
    issue in this appeal, counsel testified:
    “The gist or gravamen of the challenged portions . . . of the
    Cross-Complaint, particularly when the Cross-Complaint is
    read as a whole (including specific causes of action and
    requests for relief), also shows EEL did not intend to sue
    LAC simply for filing a complaint. . . . Again, these
    allegations centered on disputed contract positions, not on
    the filing itself of LAC’s Complaint. That also should be
    clear from the lack of any claim for damages or other relief
    for the filing of the Complaint, and EEL’s request, as
    damages, only for the return of its security deposit and the
    refund of a portion of its October 2019 rental payment.”
    (Italics added.)
    To put counsel’s testimony in context as to the relief being sought in
    their cross-complaint, EEL/Lewis prayed only for “damages according to
    proof, but in no event less than $42,570.” Based on the allegations in the
    cross-complaint and the evidence in Lewis’s testimony, EEL/Lewis calculated
    the amount of these damages based on: “the return of [EEL’s] $33,000
    security deposit”; and “the return of at least a $9570 portion of its [$16,500
    monthly] rent payment,” which covered the October 2019 time period after
    the fire. Consistently, in their written opposition to the anti-SLAPP motion,
    EEL/Lewis stressed “how [only] LAC had breached the [L]ease, why the
    Lease was terminated, and significantly, why [the Smiths] and LAC were
    alter egos.” (Sic; original italics and underscoring.)
    In reply to EEL/Lewis’s opposition, the Smiths initially noted that,
    despite counsel’s testimony and EEL/Lewis’s arguments, the cause of action
    for breach of contract in the cross-complaint “[wa]s asserted against ‘ALL
    6
    CROSS-DEFENDANTS’ ”—which includes the Smiths. The Smiths
    emphasized that, based on the allegations in EEL/Lewis’s cross-complaint
    and the arguments in EEL/Lewis’s demurrer (that was heard at the same
    time as the anti-SLAPP motion), EEL/Lewis “admit that they are seeking
    breach of contract against [the Smiths] solely based on alter-ego.” (Sic.)
    Following oral argument, the trial court denied the Smiths’ anti-SLAPP
    motion (previously identified as the anti-SLAPP Order). The court reasoned:
    “In the present case, portions of [EEL/Lewis’s] first cause of
    action do appear to be based upon protected activity as the
    cross-complaint alleges that the [Smiths] breached the
    [L]ease by suing [EEL/Lewis] for negligence and loss of
    rent. [¶] However, [EEL/Lewis’s] claim for relief is not
    based upon the protect[ed] activity. In the prayer for relief,
    [EEL/Lewis] seek the return of their $33,000 security
    deposit and the return of a prorated amount of their
    October 2019 rent of approximately $9,570 dollars for a
    total of $42,570.” (Italics added.)
    The Smiths timely appealed from the anti-SLAPP Order.4
    II. DISCUSSION
    As we explain, the Smiths did not meet their burden of establishing
    that the trial court erred in denying their anti-SLAPP motion.
    A.    Law
    Section 425.16, subdivision (b)(1) provides in full: “A cause of action
    against a person arising from any act of that person in furtherance of the
    person’s right of petition or free speech under the United States Constitution
    or the California Constitution in connection with a public issue shall be
    subject to a special motion to strike, unless the court determines that the
    4     LAC and IPG also appealed from the anti-SLAPP Order. Their appeals
    have been dismissed.
    7
    plaintiff has established that there is a probability that the plaintiff will
    prevail on the claim.” For purposes of an application of the anti-SLAPP
    statute, “ ‘complaint’ includes ‘cross-complaint.’ ” (§ 425.16, subd. (h).) The
    anti-SLAPP statute “shall be construed broadly.” (§ 425.16, subd. (a).)
    We focus on the acts alleged to be protected activity, not the causes of
    action asserted. “Analysis of an anti-SLAPP motion is not confined to
    evaluating whether an entire cause of action, as pleaded by the
    [complainant], arises from protected activity or has merit. Instead, courts
    should analyze . . . each act or set of acts supplying a basis for relief, of which
    there may be several in a single pleaded cause of action[,] . . . to determine
    whether the acts are protected and, if so, whether the claim they give rise to
    has the requisite degree of merit to survive the motion.” (Bonni v. St. Joseph
    Health System (2021) 
    11 Cal.5th 995
    , 1010 (Bonni), italics added; see Baral,
    supra, 1 Cal.5th at pp. 393-395.) As applicable in this appeal, the Smiths
    contend that the same act—namely, LAC’s filing of the complaint in this
    action—is the constitutionally protected activity for all three specific claims
    at issue in their appeal.
    In applying the anti-SLAPP statute, a court generally is required to
    engage in a two-step process. “First, the [moving party] must establish that
    the challenged claim arises from activity protected by section 425.16.”
    (Baral, supra, 1 Cal.5th at p. 384; accord, Bonni, supra, 11 Cal.5th at
    p. 1009.) “If the [moving party] makes the required showing, the burden
    shifts to the [opposing party] to demonstrate the merit of the claim by
    establishing a probability of success.” (Baral, at p. 384; accord, Bonni, at
    p. 1009.) “ ‘Only a cause of action that satisfies both prongs of the
    anti-SLAPP statute—i.e., that arises from protected speech or petitioning
    and lacks even minimal merit—is a SLAPP, subject to being stricken under
    8
    the statute.’ ” (Oasis West Realty, LLC v. Goldman (2011) 
    51 Cal.4th 811
    ,
    820 (Oasis West Realty).)
    We review de novo the denial of an anti-SLAPP motion. (Park v. Board
    of Trustees of California State University (2017) 
    2 Cal.5th 1057
    , 1067 (Park).)
    For purposes of our prong one analysis, “[w]e exercise independent judgment
    in determining whether, based on our own review of the record, the
    challenged claims arise from protected activity.” (Ibid.) In addition to the
    pleadings, we must also consider evidence of the facts upon which the alleged
    liability is based.5 (Ibid.; § 425.16, subd. (b)(2).) “We do not, however, weigh
    the evidence, but accept [the opposing party’s] submissions as true and
    consider only whether any contrary evidence from the [moving party]
    establishes its entitlement to prevail as a matter of law.” (Park, at p. 1067.)
    B.    Analysis
    1.    Prong One—Protected Speech or Petitioning Activity
    Section 425.16, subdivision (b)(1) protects a person’s constitutional
    right of petition in connection with a public issue. Section 425.16,
    subdivision (e) sets forth four categories of acts in furtherance of such right.6
    Where, as here, the parties filing the anti-SLAPP motion contend that the
    5      Although the caption on the anti-SLAPP motion indicates that
    declarations were included as part of the motion, none is included (or referred
    to elsewhere) in the record on appeal.
    6     In part, section 425.16, subdivision (e) provides: “As used in this
    section, ‘act in furtherance of a person’s right of petition or free speech under
    the United States or California Constitution in connection with a public issue’
    includes: (1) any written or oral statement or writing made before a . . .
    judicial proceeding . . . , (2) any written or oral statement or writing made
    in connection with an issue under consideration or review by a . . . judicial
    body . . . .”
    9
    activity is constitutionally protected as a statement made in a judicial
    proceeding or before a judicial body (§ 425.16, subd. (e)(1), (e)(2); see fn. 6,
    ante), there is no requirement that the statement be made in connection with
    a public issue. (Briggs v. Eden Council for Hope & Opportunity (1999) 
    19 Cal.4th 1106
    , 1116 (Briggs).)
    In the cross-complaint, EEL/Lewis allege that the Smiths breached the
    contracts in a number of regards. In particular, as the Smiths contend, the
    cross-complaint alleges that the Smiths, LAC, and IPG breached the Lease
    and Guaranty by suing EEL/Lewis in this action.
    Our Supreme Court ruled almost 20 years ago: “A claim for relief filed
    in . . . court indisputably is a ‘statement or writing made before a . . . judicial
    proceeding’ ” for purposes of section 425.16’s prong one determination
    whether a cause of action arises from protected activity. (Navellier v. Sletten
    (2002) 
    29 Cal.4th 82
    , 90 (Navellier), citing § 425.16, subd. (e)(1).) That is
    because “ ‘ “[t]he constitutional right to petition . . . includes the basic act of
    filing litigation.” ’ ” (Briggs, 
    supra,
     19 Cal.4th at p. 1115; accord, Jay v.
    Mahaffey (2013) 
    218 Cal.App.4th 1522
    , 1538 [“ ‘filing a lawsuit is an exercise
    of a party’s constitutional right of petition’ ”].) For these reasons, the filing of
    the complaint in this action is “protected activity” for purposes of the
    anti-SLAPP motion. As our high court more recently explained, however, a
    claim is not subject to being stricken under the anti-SLAPP statute simply
    because it contests an action or decision that was arrived at following
    constitutionally protected activity; rather, “a claim may be struck only if the
    speech or petitioning activity itself is the wrong complained of[.]” (Park,
    supra, 2 Cal.5th at p. 1060.)
    Thus, based exclusively on the allegations in the cross-complaint, the
    challenged claims would be protected activity; but, we are not so limited. To
    10
    the contrary, as we introduced ante, the anti-SLAPP statute and Supreme
    Court authority require that, in determining whether the challenged claims
    arise from protected activity, we must also consider “ ‘the pleadings, and
    supporting and opposing affidavits stating the facts upon which the liability
    . . . is based.’ ” (City of Cotati, 
    supra,
     29 Cal.4th at p. 79, quoting § 425.16,
    subd. (b)(2).) As we explain, in doing so here, we have no difficulty agreeing
    with the trial court that the anti-SLAPP statute does not apply to the claims
    the Smiths are challenging in this appeal.7
    To better understand the pertinent allegations in the cross-complaint,
    in their opposition to the anti-SLAPP motion, EEL/Lewis submitted
    declarations from their trial attorney who drafted the cross-complaint and
    from Lewis (on behalf of himself and EEL). They both testified that the only
    relief being sought in the cross-complaint is the return of: the $33,000
    security deposit paid under the Lease; and at least $9,570 of the $16,500
    October rent paid (after the October 2019 fire) under the Lease. As evidenced
    by the prayer of the cross-complaint, counsel explained that he never
    intended to “seek any remedies or damages on behalf of [EEL/Lewis] based
    on the filing by LAC of its Complaint.” Consistently, the prayer in the cross-
    7      In addition to arguing we should adopt the trial court’s reasoning to
    affirm, EEL/Lewis also suggests as an alternative ground that the Smiths
    have no standing to bring an anti-SLAPP motion because they are not alleged
    to have engaged in protected petitioning activity where only LAC filed the
    complaint. The Smiths respond that they “stand in the shoes of [LAC]” and
    “should have the same anti-SLAPP protection as [LAC].” (Initial
    capitalization, bolding, and italics omitted.) Ultimately, we need not resolve
    this question. Assuming arguendo that the Smiths (as alter egos of LAC)
    could bring an anti-SLAPP motion based on allegedly protected activity by
    LAC, as we explain, the claims in the cross-complaint do not actually arise
    out of LAC’s protected activity.
    11
    complaint seeks only the following relief: “damages according to proof, but in
    no event less than $42,570”; “costs and reasonable attorneys’ fees”; and “other
    or different relief as deemed necessary or appropriate by the Court.” In
    addition, counsel testified that, with regard to the three specific claims at
    issue in this appeal, “these allegations centered on disputed contract
    positions, not on the filing itself of LAC’s Complaint.” (Italics added.)
    Based on this evidence, we readily agree with the trial court that the
    three claims (or allegations) of the cross-complaint at issue in this appeal do
    not “aris[e] from” the protected activity of LAC in filing the complaint in this
    action. (§ 425.16, subd. (b)(1).)
    We are not persuaded by the Smiths’ argument to the contrary. They
    assert that neither the allegations nor the claims at issue in this appeal—i.e.,
    those relating to the three “portions” of the cross-complaint alleging a breach
    of contract by the filing of the complaint in this action—are “ ‘incidental’ or
    ‘collateral.’ ” Emphasizing that these claims are premised exclusively on the
    filing of the complaint, the Smiths distinguish this case from those which
    recognize that “ ‘incidental’ or ‘collateral’ allegations in a complaint are not
    subject to an anti-SLAPP [motion].” (Citing Baral, supra, 1 Cal.5th at p. 394
    [“Assertions that are ‘merely incidental’ or ‘collateral’ are not subject to
    section 425.16. [Citations.] Allegations of protected activity that merely
    provide context, without supporting a claim for recovery, cannot be stricken
    under the anti-SLAPP statute.”].) We do not disagree. However, this
    argument does not take into consideration our reasoning above, which was
    also the basis of the trial court’s ruling. Despite the loose language of the
    challenged allegations, our review of the pleadings and evidence confirms
    that EEL/Lewis did not seek relief—against either LAC or the Smiths—based
    12
    on the constitutionally protected activity of the filing of LAC’s complaint in
    this action.
    As we concluded ante, LAC’s filing of the complaint in this action is
    protected activity under basic anti-SLAPP law. (§ 425.16, subd. (e)(1);
    Navellier, 
    supra,
     29 Cal.4th at p. 90; Briggs, 
    supra,
     19 Cal.4th at p. 1115.)
    However, as we also explained, we consider more than the mere allegations
    in the claims to which the anti-SLAPP motion is directed; we also consider
    the facts upon which the alleged liability is based, given the evidence in
    support of and in opposition to the motion. (§ 425.16, subd. (b)(2); City of
    Cotati, 
    supra,
     29 Cal.4th at p. 79.) Here, EEL/Lewis’s attorney also testified
    that, as to both LAC and its alleged alter egos, the Smiths: “[T]hese
    allegations [in the cross-complaint] centered on disputed contract positions,
    not on the filing itself of LAC’s Complaint. That also should be clear from the
    lack of any claim for damages or other relief for the filing of the Complaint,
    and EEL’s request, as damages, only for the return of its security deposit and
    the refund of a portion of its October 2019 rental payment.”8
    Thus, based on the evidence and arguments regarding the alleged
    liability of LAC, for purposes of an application of the anti-SLAPP statute, the
    trial court properly found that the three claims (or allegations) of the cross-
    complaint at issue in this appeal do not “aris[e] from” the protected activity of
    filing the complaint in this action. (§ 425.16, subd. (b)(1).) The claims
    8      Leading up to those statements, counsel testified: In the allegations
    that are at issue in this appeal with regard to the breach of the Lease, “the
    point was that mere negligence was not sufficient grounds (even if true) for
    LAC to recover under the Lease . . .”; and in the allegations that are at issue
    in this appeal with regard to the breach of the Guaranty, “the intent was to
    demonstrate that upon termination of the Lease following the fire, Lewis no
    longer had any liability to LAC under the accompanying Guarant[y].”
    13
    against LAC—and derivatively against the Smiths as LAC’s alleged alter
    egos—arise solely from its alleged breach of the Lease and its alleged breach
    of the Guaranty. Accordingly, in our de novo review, we conclude that
    the Smiths did not meet their burden on appeal of establishing trial court
    error as to prong one.
    2.    Prong Two—Merit of Claims
    Because, as we just concluded, the claims that the Smiths challenge are
    not based on protected activity, the burden never shifted to EEL/Lewis to
    demonstrate the potential merits of their claims. (Park, supra, 2 Cal.5th at
    p. 1061; Baral, supra, 1 Cal.5th at p. 384.) For this reason, we do not reach
    the issue whether EEL/Lewis established a probability of success on the
    challenged claims. (Gotterba v. Travolta (2014) 
    228 Cal.App.4th 35
    , 43-44
    [court need not discuss second prong if moving party fails to establish that
    claims arise from protected activity].) By not reaching the second prong, we
    express no view on the merits of the claims challenged by the Smiths (City of
    Costa Mesa v. D’Alessio Investments, LLC (2013) 
    214 Cal.App.4th 358
    , 371) or
    the Smiths’ potential defenses to these claims (Castleman v. Sagaser (2013)
    
    216 Cal.App.4th 481
    , 496).
    14
    III. DISPOSITION
    The anti-SLAPP Order is affirmed. EEL and Lewis are entitled to their
    costs on appeal. (Cal. Rules of Court, rule 8.278(a)(2).)
    IRION, J.
    WE CONCUR:
    AARON, Acting P. J.
    DATO, J.
    15
    

Document Info

Docket Number: D078726

Filed Date: 12/22/2021

Precedential Status: Non-Precedential

Modified Date: 12/22/2021