Court Opinions

State Laws

US Code

US Constitution

California Code Of Civil Procedure Section 425.18

Legal Research Home > California Lawyer > Code of Civil Procedure > California Code Of Civil Procedure Section 425.18

(a) The Legislature finds and declares that a SLAPPback is
distinguishable in character and origin from the ordinary malicious
prosecution action. The Legislature further finds and declares that a
SLAPPback cause of action should be treated differently, as provided
in this section, from an ordinary malicious prosecution action
because a SLAPPback is consistent with the Legislature's intent to
protect the valid exercise of the constitutional rights of free
speech and petition by its deterrent effect on SLAPP (strategic
lawsuit against public participation) litigation and by its
restoration of public confidence in participatory democracy.
   (b) For purposes of this section, the following terms have the
following meanings:
   (1) "SLAPPback" means any cause of action for malicious
prosecution or abuse of process arising from the filing or
maintenance of a prior cause of action that has been dismissed
pursuant to a special motion to strike under Section 425.16.
   (2) "Special motion to strike" means a motion made pursuant to
Section 425.16.
   (c) The provisions of subdivisions (c), (f), (g), and (i) of
Section 425.16, and paragraph (13) of subdivision (a) of Section
904.1, shall not apply to a special motion to strike a SLAPPback.
   (d) (1) A special motion to strike a SLAPPback shall be filed
within any one of the following periods of time, as follows:
   (A) Within 120 days of the service of the complaint.
   (B) At the court's discretion, within six months of the service of
the complaint.
   (C) At the court's discretion, at any later time in extraordinary
cases due to no fault of the defendant and upon written findings of
the court stating the extraordinary case and circumstance.
   (2) The motion shall be scheduled by the clerk of the court for a
hearing not more than 30 days after the service of the motion unless
the docket conditions of the court require a later hearing.
   (e) A party opposing a special motion to strike a SLAPPback may
file an ex parte application for a continuance to obtain necessary
discovery. If it appears that facts essential to justify opposition
to that motion may exist, but cannot then be presented, the court
shall grant a reasonable continuance to permit the party to obtain
affidavits or conduct discovery or may make any other order as may be
just.
   (f) If the court finds that a special motion to strike a SLAPPback
is frivolous or solely intended to cause unnecessary delay, the
court shall award costs and reasonable attorney's fees to a plaintiff
prevailing on the motion, pursuant to Section 128.5.
   (g) Upon entry of an order denying a special motion to strike a
SLAPPback claim, or granting the special motion to strike as to some
but less than all causes of action alleged in a complaint containing
a SLAPPback claim, an aggrieved party may, within 20 days after
service of a written notice of the entry of the order, petition an
appropriate reviewing court for a peremptory writ.
   (h) A special motion to strike may not be filed against a
SLAPPback by a party whose filing or maintenance of the prior cause
of action from which the SLAPPback arises was illegal as a matter of
law.
   (i) This section does not apply to a SLAPPback filed by a public
entity.

Last modified: January 12, 2009