Does a party have to make an anti-SLAPP motion before a trial court has to hear it?

California, United States of America


The following excerpt is from Symmonds v. Mahoney, 243 Cal.Rptr.3d 445, 31 Cal.App.5th 1096 (Cal. App. 2019):

4 A partys request is not a prerequisite to a trial courts exercise of its discretion to hear an otherwise untimely anti-SLAPP motion. ( 425.16, subd. (f) ; Chitsazzadeh v. Kramer & Kaslow (2011) 199 Cal.App.4th 676, 684, 130 Cal.Rptr.3d 910.)

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