Civil Litigation
Jan. 5, 2017
Anti-SLAPP and amended complaints
A California Court of Appeal was recently called upon to determine the timeliness of an anti-SLAPP motion challenging not an initial complaint, but rather a third amended complaint.
The timeliness of the filing of an anti-SLAPP special motion to strike was recently before Division Three of the 4th District of the Court of Appeal. The anti-SLAPP statute is clear in its command: Such a motion must be filed "within 60 days of the service of the complaint or, in the court's discretion, at any later time upon terms it deems proper." Code of Civil Procedure Section 425.16(f). What was not clear, however, was the operation of the anti-SLAPP statute on amended complaints. Thu...
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