Britts

In this original proceeding, we address whether the stay on “[a]ll discovery proceedings” (Code Civ. Proc., § 425.16, subd. (g)) imposed upon the filing of an anti-SLAPP motion extends to discovery motions. The proceeding arises by petition for a writ of mandate directing the superior court to vacate its order (1) granting real party plaintiff’s motion to compel production of documents and the occurrence of a deposition; (2) finding a waiver of petitioners’ objections to the discovery; and (3) imposing sanctions of $5,000 for the petitioners’ failure to have responded to the discovery. Petitioners did not file opposition to the discovery motion but instead filed an anti-SLAPP motion on the day the opposition was due. The anti-SLAPP motion was still pending in another department of the superior court when the discovery motion was later heard, when the order was subsequently entered, and on the date petitioners were to comply with the order by providing discovery responses and paying sanctions 20 days later.

As provided under section 425.16, subdivision (g), upon the filing of an anti-SLAPP motion, “all discovery proceedings” in the action are stayed until notice of entry…