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