Decker

Decker v. U.D. Registry, Inc.

Bad Law
105 Cal. App. 4th 1382·129 Cal. Rptr. 2d 892
Court of Appeal of CaliforniaFebruary 11, 2003G030094California3,483 words

Opinion

Opinion

Fybel, J.

The U.D. Registry, Inc. (UDR), and Harvey A. Saltz appeal from an order denying UDR’s special motions to strike the complaint pursuant to Code of Civil Procedure section 425.16 (all further code references are to the Code of Civil Procedure unless otherwise indicated) and awarding plaintiffs attorney fees pursuant to subdivision (c) of section 425.16. Section 425.16, commonly referred to as the anti-SLAPP statute, provides for a special motion to strike “[a] cause of action against a person arising from any act of that person in fiirtherance of the person’s right of petition or free speech under the United States or California Constitution in connection with a public issue.” (§ 425.16, subd. (b)(1).)

We affirm the order denying UDR’s special motions to strike because UDR failed to notice a timely hearing on the motions. Section 425.16, subdivision (f) provides that a special motion to strike “shall be noticed for hearing not more than 30 days after service unless the docket conditions of the court require a later hearing.” UDR failed to notice its motions for hearing within 30 days of service and failed to show the condition of the trial court’s docket required a later…

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