Coachella’s special motion to strike is denied. Coachella shall file a response to the second amended complaint no later than November 2, 2018. Analysis: An anti-SLAPP motion must be filed within 60 days after service of the complaint, or later in the court’s discretion. (CCP §425.16(f).) An amended complaint does not re- open the time to file an anti-SLAPP unless the anti-SLAPP could not have been brought earlier. (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645.) In other words, the defendant must file the anti-SLAPP within 60 days of service of the earliest complaint that contains the cause of action being challenged by the motion. (Id. at 639-640.) The FAC filed on 4-9-18 contained all of these causes of action. Coachella chose to demur rather than to file an anti-SLAPP motion. Accordingly, the motion – filed on 9-27-18 – is untimely by well over a month.
Hearing Date
October 23, 2018
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Coachella’s special motion to strike is denied. Coachella shall file a response to the second amended complaint no later than November 2, 2018. Analysis: An anti-SLAPP motion must be filed within 60 days after service of the complaint, or later in the court’s discretion. (CCP §425.16(f).) An amended complaint does not re- open the time to file an anti-SLAPP unless the anti-SLAPP could not have been brought earlier. (Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637, 645.) In other words, the defendant must file the anti-SLAPP within 60 days of service of the earliest complaint that contains the cause of action being challenged by the motion. (Id. at 639-640.) The FAC filed on 4-9-18 contained all of these causes of action. Coachella chose to demur rather than to file an anti-SLAPP motion. Accordingly, the motion – filed on 9-27-18 – is untimely by well over a month.