Newport Harbor Ventures, LLC v. Morris Cerullo World EvangelismAnnotate this Case
Subject to the trial court’s discretion to permit late filing, a defendant must move to strike a cause of action under Cal. Code Civ. P. 425.16 - California’s anti-SLAPP statute - within sixty days of service of the earliest complaint that contains that cause of action.
Within sixty days of the filing of a third amended complaint but not within sixty days of any earlier complaint, Defendants moved to strike that complaint under section 425.16. Specifically, Defendants sought to strike Plaintiffs’ claim alleged in the first and subsequent complaints that Defendants fraudulently settled an unlawful detainer action. The trial court denied the motion as untimely. The court of appeal affirmed, ruling that a defendant must file an anti-SLAPP motion within sixty days of service of the first complaint that pleads a cause of action coming within section 425.16(b)(1) unless the trial court in its discretion permits the motion to be filed at a later time. The court also concluded that Defendants’ motion was timely as to the new causes of action pleaded for the first time in the third amended complaint. The Supreme Court affirmed, holding that the court of appeal property interpreted section 425.16(f).