What is the effect of the court's failure to rule on defendant's evidentiary objections on an anti-SLAPP motion?

California, United States of America


The following excerpt is from Illingworth v. Garton, D066323 (Cal. App. 2015):

4. One possible explanation for the court's failure to rule on defendant's evidentiary objections was the fact it possibly issued its tentative order on the same day defendant filed his reply, as defendant argued at the hearing on the motion and as he maintains in his brief filed with this court. We note, however, that defendant at the July 3, 2014 hearing on his anti-SLAPP motion did not address the court's failure to rule on his evidentiary objections. Because we independently conclude defendant did not satisfy his burden under prong one of the anti-SLAPP statute, we need not decide here whether his failure to raise this issue at the hearing and/or the failure of the court to rule on defendant's evidentiary objections constituted a waiver of said objections on appeal. (Compare Reid v. Google (2010) 50 Cal.4th 512, 526 [noting that written evidentiary objections filed before a summary judgment hearing are not waived on appeal despite trial court's failure to rule].)

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