Morin

Defendants appeal from an order denying their SLAPP (strategic lawsuit against public participation) motions as untimely and awarding sanctions to the plaintiff. The court rejected defendants’ argument they could not have filed the SLAPP motions any sooner because they had a motion pending to transfer the case from the superior court’s west district to its central district. We affirm the portion of the order denying the SLAPP motions. We reverse the portion of the order awarding sanctions and remand the matter to the trial court for a sanctions determination in accordance with the standards and procedures set out in Code of Civil Procedure sections 425.16, subdivision (c) and 128.5, subdivision (c).

FACTS AND PROCEEDINGS BELOW

We draw this statement of facts from the verified complaint and the declarations filed in the action.

Plaintiff Robert Morin entered into a written agreement with defendants Bert Rosenthal and Gregory Pyfrom forming a limited liability company (LLC) to manufacture and market a spark plug invented by Morin. Under the agreement Morin transferred his rights to the spark plug to the new company, Pyromor Systems. The agreement stipulated if the…