Lam

Lam v. Ngo

Good Law
111 Cal. Rptr. 2d 582·2001 Cal. App. LEXIS 652·2001 Daily Journal DAR 8981·91 Cal. App. 4th 832·2001 Cal. Daily Op. Serv. 7319
Court of Appeal of CaliforniaAugust 21, 2001G026329California7,969 words

Opinion

Opinion

Sills, J.

I. Introduction

This appeal from the denial of an anti-SLAPP suit motion requires us to come to the following conclusions:

(1) Because the Legislature has specified that the anti-SLAPP suit law (Code Civ. Proc., § 425.16) is to be construed broadly, the provision in the law that a special motion to strike “may be filed within 60 days of the service of the complaint” (§ 425.16, subd. (f)) includes amended as well as original complaints. (See DuPont Merck Pharmaceutical Co. v. Superior Court (2000) 78 Cal.App.4th 562, 565 [ 92 Cal.Rptr.2d 755 ] [considering anti-SLAPP motion to strike first amended complaint]; Globetrotter Software, Inc. v. Elan Computer Group, Inc. (N.D.Cal. 1999) 63 F.Supp.2d 1127, 1129 [observing that since the Legislature did not say “original complaint,” statutory time period runs “from the filing of the most recent amended complaint”].)

(2) Because the time specified in the anti-SLAPP law (§ 425.16, subd. (f)) allows filing motions to strike within 60 days of the service of amended complaints, and the amended complaint in this case was itself served by mail, the moving party had an extra five days to file his anti-SLAPP suit motion. (§ 1013, subd.…

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