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but at the same time granting a motion to strike is appropriate when the plaintiff as as is the case here has failed to present evidence sufficient to create an issue of fact on his claims and in addition the court may not draw inferences from the evidence that defy logic and common sense thatamp;#39;s the austin versus shoniamp;#39;s case 254 virginia 134 so the issue here your honor is a couple fold and iamp;#39;ll take the statements um well two of them in one category and one of them in the other category but i think weamp;#39;re all clear that the sole issue here is whether amber heard can be held liable to mr depp for defamation arising from the 2018 op-ed and the 2018 op-ed alone and to establish that mr depp has to prove the following elements he has to prove that the uh the publication of the op-ed and that it was written by ms heard he has to prove that the statements in the op-ed were both false and defamatory so falsity and that they contained a sufficient defamatory st