Anti-SLAPP Motion: Unavailable in Limited Civil Cases

  In writ proceedings, the Second Appellate District reverses the Los Angeles Superior Court Appellate Division and holds that a special motion to strike, or anti-SLAPP motion, pursuant to Code Civil Procedure section 425.16 may not be brought in a limited civil case.

  Code of Civil Procedure section 92 enumerates permissible pleadings and motions in limited civil cases.  At subdivision (d), it provides that “[m]otions to strike are allowed only on the ground that the damages or relief sought are not supported by the allegations of the complaint.”  (Italics added.)

  The restrictive language of section 92(d), which limits the type of motions to strike that may be brought in a limited civil case, precludes the filing of a special motion to strike in such a case. The case is 1550 Laurel Owners Assn., Inc. v. App. Div. of Superior Court (Munshi).

  Mr. Daymude consults with clients and accepts cases involving anti-SLAPP motions, including cases involving malicious prosecution, abuse of process, and the protected right of petition. For other types of cases accepted, please scroll the Home and My Practice pages. If you are seeking legal representation, call Michael Daymude at 818-971-9409.

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