Watson
Watson v. Thompson CA1/5
Opinion
Opinion
BACKGROUND
In January 2024, Courtney Watson (Respondent) filed the underlying request for a civil harassment restraining order against Appellant.2 Proof of service was filed later the same month. In June 2024, Appellant filed an anti-SLAPP motion. After briefing and a hearing, the court denied the
1 All undesignated statutory references are to the Code of Civil
Procedure. 2 The underlying facts are not relevant to our resolution of the appeal.
1 motion as untimely. This appeal followed; Respondent did not file a brief on appeal.
DISCUSSION
An anti-SLAPP motion “may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper.” (§ 425.16, subd. (f).) “A court ‘enjoys considerable discretion’ in determining ‘whether to allow [a] late filing of an anti-SLAPP motion.’ [Citation.] However, the court must exercise this discretion consistent with the purposes of the statute and must be mindful that the 60-day deadline is the general rule. [Citation.] . . . Thus, a ‘trial court must be wary about freely granting a party the right to file an anti-SLAPP motion past the 60-day deadline.’ ” (San Diegans for Open…