Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism

An anti-SLAPP motion is untimely if not filed within 60 days of service of the first complaint that pleads a cause of action coming within anti-SLAPP protection, unless the trial court—in its discretion and upon terms it deems proper—permits the motion to be filed at a later time.  Under CCP 425.16(f), an Anti-SLAPP motion to strike must be brought within 60 days of service of the complaint unless the court in its discretion and on terms it deems just permits a later filing.  This decision holds that an anti-SLAPP motion is untimely if not filed within 60 days of service of the first complaint that pleads a cause of action coming within anti-SLAPP protection unless the trial court, in its discretion and upon terms it deems proper, permits the motion to be filed at a later time.  However, if the amended complaint alleges a new cause of action, even if based on the same protected act as the prior claims, an Anti-SLAPP motion may be brought within 60 days of service of the amended complaint as to the new cause of action.

California Court of Appeal, Fourth District, Division 3 (Fybel, J.); November 30, 2016; 2016 WL 7427456

Advertisements

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s