Case #B347898 · Cal. Ct. App., 2d Dist., Div. 2

Carter v. The Buzbee Law Firm et al (Appeal)

Filed July 01, 2025 Appeal of Carter v. The Buzbee Law Firm et al (No. 24SMCV05637)
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 Unpublished opinion; publication denied 17 September 2026.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
DateTypeDescription
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
appeared May 26, 2026 Plaintiff
Felix Shafir
Horvitz & Levy LLP
for Shawn Carter
appeared May 26, 2026 Plaintiff
Jeremy B. Rosen
Horvitz & Levy LLP
for Shawn Carter
appeared May 26, 2026 Plaintiff
Mark A. Kressel
Horvitz & Levy LLP
for Shawn Carter
appeared May 26, 2026 Plaintiff
Marshall Grasty
Horvitz & Levy LLP
for Shawn Carter
appeared May 26, 2026 Plaintiff
David R. Carpenter
Sidley Austin LLP
for Shawn Carter
former · withdrew June 25, 2026 appeared August 8, 2025 Plaintiff
Valerie E. Alter
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm, Anthony G. Buzbee
appeared March 4, 2026 Civil Defense
Samuel A. Moniz
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm, Anthony G. Buzbee
appeared March 4, 2026 Civil Defense
Camille M. Vasquez
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm
appeared March 4, 2026 Civil Defense
J. Randall Boyer
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm
appeared March 4, 2026 Civil Defense
Melissa M. Mikail
Sheppard, Mullin, Richter & Hampton LLP
for The Buzbee Law Firm
appeared March 4, 2026 Civil Defense