Case #B347898 · Cal. Ct. App., 2d Dist., Div. 2
Carter v. The Buzbee Law Firm et al (Appeal)
- Status
- Closed Affirmed, September 9, 2026
- Last filing
- Oct 1, 2026No. 46 · Opposition filed: respondent's opposition to appellant's request for judicial notice
Parties
Plaintiff
Shawn Carter Appellant
Defendants
The Buzbee Law Firm Respondent
Anthony G. Buzbee Respondent
Disposition
Affirmed — September 09, 2026
The Court of Appeal affirmed the order granting the defendants' special motion to strike under Code of Civil Procedure section 425.16 and awarded them costs on appeal. Unpublished opinion; publication denied 17 September 2026. Modified 1 October 2026 with no change in judgment, adding that the decision does not prevent the trial court from ordering discovery and reconsidering its prior ruling based on any new evidence; petition for rehearing denied the same day.
Court Dates
| Date | Type | Description |
|---|---|---|
| Aug 20, 2026 | Hearing | Oral argument, Court of Appeal, Second District, Division Two (12:45 p.m.) |
Docket
| Date | No. | Description | |
|---|---|---|---|
| Jul 29, 2025 | 1 | Notice of appeal lodged/received. Appeal filed July 1, 2025 by Shawn Carter. Filed by Clerk | No document |
| Jul 29, 2025 | 2 | Letter sent to appellant: the notice of appeal filed July 1, 2025 has been lodged in the Court of Appeal and assigned case number B347898. Filed by Clerk | No document |
| Aug 5, 2025 | 3 | Substitution of attorneys: Sidley Austin LLP substitutes in as counsel of record for appellant Shawn Carter. Filed by Shawn Carter (Appellant) | No document |
| Aug 5, 2025 | 4 | Certificate of interested entities or persons (initial certificate by appellant). Filed by Shawn Carter (Appellant) | No document |
| Aug 8, 2025 | 5 | Filing fee. Filing fee paid via TrueFiling. | No document |
| Aug 8, 2025 | 6 | Returned document for non-conformance. The civil case information statement and separately submitted exhibits submitted Aug 5, 2025 via TrueFiling were rejected: the statement and the appealed order must be filed together in the same PDF submission. Filed by Clerk | No document |
| Aug 8, 2025 | 7 | Filing fee. Filing fee of $775 paid to LASC by check. | No document |
| Aug 8, 2025 | 8 | Civil case information statement. Filed by Shawn Carter (Appellant); attorney David R. Carpenter | No document |
| Aug 13, 2025 | 9 | Notice per rule 8.124 - with reporter's transcript, filed 7/11/2025 in the superior court. | No document |
| Aug 18, 2025 | 10 | Respondent's notice designating record on appeal filed in trial court, dated July 23, 2025. | No document |
| Oct 3, 2025 | 11 | Reporter's transcript filed (e-filed). | No document |
| Oct 9, 2025 | 12 | Letter sent to counsel re: pro hac vice attorneys. The Court received appellant's civil case information statement on August 8, 2025; counsel not licensed in California who intend to appear in or file documents with this Court must first apply to appear pro hac vice under California Rules of Court, rule 9.40(c)(2), regardless of any trial-court order. Filed by Clerk | No document |
| Nov 12, 2025 | 13 | Appellant's opening brief. Filed by Shawn Carter (Appellant); attorney David R. Carpenter | No document |
| Nov 12, 2025 | 14 | Appellant's appendix, volumes 1 through 10. Filed by Shawn Carter (Appellant) | No document |
| Nov 12, 2025 | 15 | Appellant's notice of lodging thumb drive with copies of digital exhibits B & C. Filed by Shawn Carter (Appellant) | No document |
| Nov 12, 2025 | 16 | Pro hac vice application for Madeleine Joseph on behalf of appellant. Filed by Shawn Carter (Appellant) | No document |
| Nov 13, 2025 | 17 | Exhibits lodged: appellant's thumb drive 1 containing copies of digital exhibits B & C. | No document |
| Nov 14, 2025 | 18 | Pro hac vice granted: Madeleine Joseph is admitted pro hac vice to appear and participate as co-counsel for appellant (Cal. R. Ct. 9.40(c)(2)). Filed by the Court. | No document |
| Nov 25, 2025 | 19 | Stipulation of extension of time filed. | No document |
| Feb 18, 2026 | 20 | Respondent notified re failure to file respondent's brief; the respondents' brief was due by 2/10/26. Filed by Clerk | No document |
| Mar 4, 2026 | 21 | Association of attorneys: Notice of Appearance for Respondents. Valerie E. Alter of Sheppard Mullin Richter & Hampton LLP appears as counsel of record for respondents The Buzbee Law Firm and Anthony G. Buzbee. Filed by The Buzbee Law Firm; Anthony G. Buzbee (Respondents) | No document |
| Mar 4, 2026 | 22 | Respondent's brief. Filed by The Buzbee Law Firm; Anthony G. Buzbee (Respondents); attorneys Camille M. Vasquez, Jay Randall Boyer, Melissa Medhat Mikail, Samuel A. Moniz, Valerie E. Alter (Anthony G. Buzbee: Samuel A. Moniz). One extension granted for a total of 60 days. | No document |
| Mar 6, 2026 | 23 | Stipulation of extension of time filed. | No document |
| Apr 30, 2026 | 24 | Received: refund request from Sidley Austin LLP. | No document |
| May 5, 2026 | 25 | Received: refund request. No action will be taken on the request by Horvitz & Levy; the request from Sidley Austin LLP will be considered. | No document |
| May 5, 2026 | 26 | Order filed. The Court reviewed the April 30, 2026 request of appellant's attorney David R. Carpenter, on behalf of Sidley Austin LLP, for reimbursement of the duplicate filing fee; the request is granted and $775.00 is to be refunded. Filed by the Court. | No document |
| May 26, 2026 | 27 | Appellant's reply brief. Filed by Shawn Carter (Appellant); attorneys Felix Shafir, Jeremy B. Rosen, Madeleine Joseph, Mark A. Kressel, Marshall Grasty. One extension granted for a total of 63 days. | No document |
| May 26, 2026 | 28 | Case fully briefed. | No document |
| Jun 1, 2026 | 29 | Appellant's notice of intent to file e-brief. Filed by Shawn Carter (Appellant) | No document |
| Jun 5, 2026 | 30 | Received: 4 black flash drives containing e-briefs filed by appellant. | No document |
| Jun 25, 2026 | 31 | Notice of withdrawal of counsel: David R. Carpenter of Sidley Austin LLP withdraws as counsel of record for appellant Shawn Carter; Horvitz & Levy LLP continues as counsel of record for appellant. | No document |
| Jul 15, 2026 | 32 | Calendar notice sent electronically. Calendar date: Thursday, August 20, 2026 at 12:45 p.m. Filed by Clerk | No document |
| Jul 16, 2026 | 33 | Request for oral argument: appellant, Jeremy B. Rosen, counsel for appellant - Argue (30 minutes). Filed by Shawn Carter (Appellant) | No document |
| Jul 20, 2026 | 34 | Request for oral argument: respondents, Samuel A. Moniz, counsel for respondent (30 minutes). Filed by The Buzbee Law Firm; Anthony G. Buzbee (Respondents) | No document |
| Aug 20, 2026 | 35 | Cause argued and submitted. | No document |
| Sep 9, 2026 | 36 | Opinion filed (signed, unpublished; 24 pages). The order is affirmed. Buzbee is entitled to costs on appeal. Filed by the Court. | View PDF |
| Sep 14, 2026 | 37 | Request to publish opinion filed (rule 8.1120(a)) by Jeffrey Lewis, a California attorney who states he does not represent a party to the appeal and has no interest in its outcome. | No document |
| Sep 17, 2026 | 38 | Order denying publication filed. The September 9, 2026 opinion does not meet the standard for publication in rule 8.1105(b) of the California Rules of Court; the request is denied and, under rule 8.1120(b), the Clerk is directed to forward the request, the opinion and the order to the Clerk of the Supreme Court. Filed by the Court. | No document |
| Sep 17, 2026 | 39 | Letter sent to the Supreme Court: memo re denial of publication request. Filed by Clerk | No document |
| Sep 24, 2026 | 40 | Rehearing petition filed. Appellant's Petition for Rehearing. Filed by Shawn Carter (Appellant) | No document |
| Sep 24, 2026 | 41 | Motion filed: Motion to Seal Declaration of Jane Doe. Filed by Shawn Carter (Appellant) | No document |
| Sep 24, 2026 | 42 | Request for judicial notice filed. Appellant's Motion for Judicial Notice or in the Alternative to Take Evidence of New Facts (proposed order at page 30). Filed by Shawn Carter (Appellant) | No document |
| Oct 1, 2026 | 43 | Declaration of Jane Doe filed (SEALED). | No document |
| Oct 1, 2026 | 44 | Order filed. Appellant's motion for judicial notice is denied; appellant's motion to seal the declaration of Jane Doe is granted. Both motions were filed September 24, 2026. Filed by the Court. | No document |
| Oct 1, 2026 | 45 | Modification of opinion filed (no change in judgment). At page 24, at the end of the Disposition, the Court adds that its decision shall not prevent the trial court from ordering discovery and reconsidering its prior ruling based on any new evidence, should that court deem it appropriate (citing Le Francois v. Goel (2005) 35 Cal.4th 1094, 1103). Appellant's petition for rehearing is denied. Filed by the Court. | No document |
| Oct 1, 2026 | 46 | Opposition filed: respondent's opposition to appellant's request for judicial notice. Filed by The Buzbee Law Firm; Anthony G. Buzbee (Respondents) | No document |
Attorneys
for Shawn Carter
Felix Shafir
Horvitz & Levy LLP
for Shawn Carter
Jeremy B. Rosen
Horvitz & Levy LLP
for Shawn Carter
Mark A. Kressel
Horvitz & Levy LLP
for Shawn Carter
Marshall Grasty
Horvitz & Levy LLP
for Shawn Carter
David R. Carpenter
Sidley Austin LLP
for Shawn Carter
Valerie E. Alter
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm, Anthony G. Buzbee
Samuel A. Moniz
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm, Anthony G. Buzbee
Camille M. Vasquez
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm
J. Randall Boyer
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm
Melissa M. Mikail
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm