Starview Property, LLC v. LeeAnnotate this Case
Defendants appealed the trial court's denial of a motion under Code of Civil Procedure section 425.16, the anti-SLAPP statute, in a driveway dispute easement action brought by Starview Property.
The Court of Appeal reversed, holding that an anti-SLAPP motion may be brought within 60 days of service of an amended complaint if the amended complaint pleads new causes of action that could not have been the target of a prior anti-SLAPP motion, or adds new allegations that make previously pleaded causes of action subject to an anti-SLAPP motion. In this case, Starview's three newly pled causes of action in its amended complaint plainly could not have been the target of a prior motion, even if they arose from protected activity alleged in the original complaint. Therefore, the trial court erred by dismissing defendants' motion as untimely.