Fppc

Fair Political Practices Commission v. American Civil Rights Coalition, Inc.

Good Law
121 Cal. App. 4th 1171·18 Cal. Rptr. 3d 157·2004 Cal. App. LEXIS 1416·2004 Daily Journal DAR 10684·2004 Cal. Daily Op. Serv. 7914
Court of Appeal of CaliforniaAugust 26, 2004C045570California2,372 words

Opinion

Opinion

Nicholson, J.

An anti-SLAPP motion must be heard within 30 days after service of the motion unless docket conditions require a later hearing. (Code Civ. Proc., § 425.16, subd. (f).) Here, the motion was not heard within 30 days after service and the moving parties did not establish that the court’s docket conditions required a later hearing. The trial court therefore denied the motion. We affirm.

BACKGROUND

On September 3, 2003, the Fair Political Practices Commission (FPPC) filed suit against the American Civil Rights Coalition, Inc., and Ward Connerly. Defendants answered the complaint and, on October 15, 2003, filed an anti-SLAPP motion, noticed for hearing on November 21, 2003. The FPPC opposed the motion, both on the merits and because the motion was not heard within 30 days after service of the motion.

Concerning the timing of the hearing, defendants filed the declaration of Stephanie Alison, an assistant to the defense attorneys. The declaration states: “On October 8, 2003,1 contacted the clerk of Department 54 of the Superior Court, Judge Thomas Cecil, to obtain a hearing date for notice purposes. I sought a hearing date within the 30-day window but was advised by the clerk…

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