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You are here: Home / Anti-SLAPP / How Long Do You Have To File An Anti-SLAPP Motion?

How Long Do You Have To File An Anti-SLAPP Motion?

December 8, 2009 by Adrianos Facchetti Leave a Comment

A section 425.16 motion (AKA anti-SLAPP motion) must be filed no later than 60 days after service of the complaint or amended complaint. Of course, a court has discretion to allow an anti-SLAPP motion to be filed after 60 days. CCP 425.16(f).

In addition, unlike other motions to strike (or a demurrer), an anti-SLAPP motion may be heard before or after a defendant files an answer.

But you still only have 60 days to file the motion. The time to file an anti-SLAPP motion is not extended unless the court orders it so. Therefore, it may be advisable while another motion is pending to make an ex parte motion and request that the court extend the time for filing the anti-SLAPP motion.

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Filed Under: Anti-SLAPP, law, motion Tagged With: anti-SLAPP motion, defamation law

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California Defamation Law Blog

Law Offices of Adrianos Facchetti 4444 W. Riverside Drive, Suite 308, Burbank, CA 91505
California Defamation Lawyer & Attorney of Adrianos Facchetti Law Firm, offering services related to libel, internet defamation, slander, defamation of character, disparagement, anti-SLAPP, personal injury, car accidents, motorcycle accidents, trucking accidents, serving Los Angeles, San Fernando Valley, San Gabriel Valley, Pasadena, Burbank, Glendale, Arcadia, Beverly Hills, Santa Monica, Long Beach, Orange County, Ventura County, San Bernardino, and throughout California.

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