"timeout is over" + Hume
This unpub from 2/7 starts off strong and goes on to Philosophy 101, citing Hume: In holding that perfecting an appeal from an order denying a special motion to strike under Code of Civil Procedure section 425.161 stays trial court proceedings on the merits, the Supreme Court recognized some such appeals “will undoubtedly delay litigation even though the appeal is frivolous or insubstantial.” (Varian Medical Systems, Inc. v. Delfino (2005) 35 Cal.4th 180, 186, 195; see Oakland Bulk & Oversized Terminal, LLC v. City of Oakland (2020) 54 Cal.App.5th 738, 763 [a “‘major reason’” for the explosion of special motions to strike under section 425.16 “‘is that the statute rewards the filer of an unsuccessful . . . motion with what one court has called a “free time-out” from further litigation in the trial court’”].) This is one of those appeals. And the timeout is over.
Recognizing the law is contrary to his position, [Appellant] makes only a prescriptive argument based, not on what the law is, but on what he believes it ought to be. (See Hume, A Treatise of Human Nature, Book 3, Part 1, Section 1 (1739) pp. 469-470 [discussing the is-ought problem].)