Before the Court this day is a motion by Frank for leave to file a special motion to strike directed at plaintiff’s 32nd cause of action for defamation. Plaintiff opposes the motion on procedural and substantive grounds.
A special motion to strike must be filed within 60 days after service of the operative pleading. CCP §425.16(f). This period starts anew each time the operative pleading is amended in any substantive way. Country Side Villas Homeowners Ass'n v. Ivie (2011) 193 Cal.App.4th 1110, 1116. The period is also extended based on service methods. See Lam v. Ngo (2001) 91 Cal.App.4th 832, 842.
1) Timing based on First Amend Complaint
On 8/17/12 plaintiff filed a FAC. If service was good (the Court suspects it was not), Frank had until 10/22/12 to file an anti-SLAPP motion. The clerk entered Frank’s default on 9/24/12 and was only set aside on 9/1/16 almost 4 years later. The Court finds that Frank still has time to make the motion
2) Discretionary Rule
Alternatively, this Court h
Hearing Date
September 01, 2016
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Before the Court this day is a motion by Frank for leave to file a special motion to strike directed at plaintiff’s 32nd cause of action for defamation. Plaintiff opposes the motion on procedural and substantive grounds.
A special motion to strike must be filed within 60 days after service of the operative pleading. CCP §425.16(f). This period starts anew each time the operative pleading is amended in any substantive way. Country Side Villas Homeowners Ass'n v. Ivie (2011) 193 Cal.App.4th 1110, 1116. The period is also extended based on service methods. See Lam v. Ngo (2001) 91 Cal.App.4th 832, 842.
1) Timing based on First Amend Complaint
On 8/17/12 plaintiff filed a FAC. If service was good (the Court suspects it was not), Frank had until 10/22/12 to file an anti-SLAPP motion. The clerk entered Frank’s default on 9/24/12 and was only set aside on 9/1/16 almost 4 years later. The Court finds that Frank still has time to make the motion
2) Discretionary Rule
Alternatively, this Court h