California Supreme Court Clarifies Deadline For Filing Anti-SLAPP Motions In Response To Amended Complaints
March 26, 2018
Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism
(March 22, 2018, S239777) ___ Cal.5th ___ [2018 WL 1415578]
Under California’s anti-SLAPP statute, Code of Civil Procedure section 425.16, subdivision (f), an anti-SLAPP motion “may 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.”
In Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism, the California Supreme Court held that this 60-day deadline permits an anti-SLAPP motion to be filed against an amended complaint if the moving party could not have brought the motion against an earlier pleading, but prohibits belated motions that could have been brought earlier, subject to the trial court’s discretion to permit a late motion.
In arriving at this conclusion, the Supreme Court disapproved of Yu v. Signet Bank/Virginia (2002) 103 Cal.App.4th 298 to the extent Yu indicated that an anti-SLAPP motion could be filed within 60 days of the service of any amended complaint, even if the motion could have been filed in response to an earlier pleading.