Filed 7/18/23 (unmodified opn. attached) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE DIVINE FOOD AND CATERING, B321087, B321605 LLC, (Los Angeles County Plaintiff and Appellant, Super. Ct. No. 21STCV38713) v. ORDER MODIFYING OPINION AND DENYING WESTERN DIOCESE OF THE PETITION FOR REHEARING ARMENIAN CHURCH OF NORTH (NO CHANGE IN JUDGMENT) AMERICA et al., Defendants and Respondents. THE COURT: The opinion filed June 28, 2023 is modified as follows: 1. On page 3, in the first sentence of the second full paragraph, “actual judgments and rulings on dispositive motions” shall be changed to “actual judgments and rulings on motions”. 2. On page 21, the first sentence of the first full paragraph shall be changed from “Unlike in Hart, the unlawful detainer court in the instant case never denied a motion for judgment, nor indeed denied any dispositive motion at all.” to “Unlike in Hart, the unlawful detainer court in the instant case never denied a motion for judgment.” 3. On page 23, the first full paragraph, beginning “Also, to the extent trial events . . . ,” shall be deleted in its entirety. 4. On page 24, in the first full sentence, “When the trial court denies a dispositive motion” shall be changed to “When the trial court rules on a motion”. 5. On page 24, in the first sentence of the first full paragraph, “For all these reasons” shall be changed to “For these reasons”. There is no change in judgment. Respondents’ petition for rehearing is denied. CERTIFIED FOR PUBLICATION. ____________________________________________________________ ROTHSCHILD, P. J. CHANEY, J. BENDIX, J. 2 Filed 6/28/23 (unmodified opinion) CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE DIVINE FOOD AND CATERING, B321087, B321605 LLC, (Los Angeles County Plaintiff and Appellant, Super. Ct. No. 21STCV38713) v. WESTERN DIOCESE OF THE ARMENIAN CHURCH OF NORTH AMERICA et al., Defendants and Respondents. APPEAL from orders of the Superior Court of Los Angeles County, Curtis A. Kin, Judge. Reversed. Reed Smith, Raymond A. Cardozo; SYLG, Susan C. Yu, Eric M. Lode and Farah Tabibkhoei for Plaintiff and Appellant. Buchalter, Harry W.R. Chamberlain II, Robert M. Dato, Michael Muse-Fisher; Kabateck, Brian S. Kabateck and Shant A. Karnikian for Defendants and Respondents. ____________________________ Divine Food and Catering, LLC (Divine) appeals from the dismissal of its malicious prosecution complaint against defendants and respondents the Western Diocese of the Armenian Church of North America (the Diocese), St. John Armenian Church (St. John), Archpriest Manoug Markarian (Archpriest Manoug)1, and Harout Markarian (collectively, defendants). The trial court dismissed the complaint after granting defendants’ special motion to strike under Code of Civil Procedure2 section 425.16, the anti-SLAPP statute. Divine was a commercial tenant of St. John’s banquet hall. In 2018, St. John and the Diocese (the church entities) filed an unlawful detainer action seeking to evict Divine based on a purported oral month-to-month lease. Divine asserted as a defense a superseding written lease, the existence of …
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