Filing a Special Motion to Strike
California’s anti-SLAPP statute, Code of Civil Procedure section 425.16, gives SLAPP targets an opportunity to have the court rule at the outset whether a SLAPP filer can show a probability of winning the suit, by filing a special motion to strike. While a special motion to strike typically must be filed within 60 days of service of the complaint, the motion can be brought later than 60 days after the complaint is received at the court’s discretion.
If the judge finds that the plaintiff cannot show a minimal probability of winning, the court will “strike” the complaint, and dismiss the suit. The court will also order the plaintiff to pay your attorneys’ fees and costs.
There must be a good basis for bringing the special motion to strike. If the court finds that it is frivolous, or brought only for purposes of harassment or delay, the court will sanction you and order you to pay the attorneys’ fees and costs incurred by the other side in opposing your motion.
The information on this website is not, nor is it intended to be, legal advice. The information here is meant to provide general information to the public. We would be happy to consider your specific situation and the possibility of providing legal advice or assistance if you contact us directly.