What is the test for filing an anti-SLAPP motion?

California, United States of America


The following excerpt is from Nelson v. Mullen & Henzell, L. L.P., 2d Civ. No. B271929 (Cal. App. 2018):

While this appeal was pending, our high court issued Newport Harbor Ventures, LLC v. Morris Cerullo World Evangelism (2018) 4 Cal.5th 637 (Newport Harbor), which disapproved Yu. (Newport Harbor, at p. 646.) The court held that "subject to the trial court's discretion under section 425.16, subdivision (f), to permit late filing, a defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action." (Id. at p. 640.) The Firm's anti-SLAPP motion was not filed within this time frame.

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