Leave To Amend A Complaint After A Successful Anti-SLAPP Motion?

You are a plaintiff in a lawsuit and the defendant filed and won an anti-SLAPP motion striking your entire complaint. May a court grant you leave to amend the complaint? In other words, will the court let you "fix the problem" with your complaint.

No. Simmons v. Allstate Co. (2001) 92 Cal.App.4th 1068, 1073.

The purpose of the anti-SLAPP statute is to eliminate meritless lawsuits at an early stage of litigation before it becomes too expensive to defend. Allowing plaintiffs to amend a complaint after a court has granted an anti-SLAPP motion would run contrary to the state purpose of section 425.16.

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Comments

  1. David says

    What happens if:
    Court improperly grants SLAPPors’ request for leave to amend?
    SLAPPor files an Amended Complaint.
    SLAPPee filed another anti-SLAPP and wins.
    SLAPPor appeals.
    SLAPPOR says SLAPPee waived the error by responding with his second anti-SLAPP motion.
    Who wins and why?

  2. Rita O'Flynn says

    What, if any, steps can be taken in tha case where the plaintiff has filed an amended complaint before the decision was made granting the defendants their anti-slapp motion?

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