California: Anti-SLAPP Laws

Requirements one by one

What activity can trigger the motion

Under § 425.16(e), four categories are covered: statements in an official proceeding;
statements connected to an issue an official body is reviewing; public-forum
statements on an issue of public interest; and other conduct furthering speech
or petition rights on a public issue. Its opening policy language says the
section “shall be construed broadly.”

Filing, hearing, and discovery

The ordinary filing window is 60 days after service of the complaint, though
the court may permit a later motion on terms it considers proper. The clerk
generally schedules the hearing no more than 30 days after service of the
motion. Filing stays discovery until notice of entry of the ruling; the court
may allow specified discovery on noticed motion and good cause.

Merits screen and fees

The defendant first connects the challenged cause of action to protected
activity. The plaintiff must then establish “a probability that the plaintiff
will prevail on the claim,” using the pleadings and supporting or opposing
affidavits. A prevailing defendant ordinarily receives fees and costs. A
prevailing plaintiff receives them only if the court finds the motion
frivolous or solely intended to cause unnecessary delay.

Appeals and exclusions

A grant or denial normally follows the appeal route in § 904.1. But §
425.17(e) removes that route when the denial rests on a § 425.17 exemption.
The core section also excludes specified public-prosecutor enforcement
actions. Section 425.17 separately excludes qualifying public-interest suits
and certain seller or lessor representations, subject to its media,
expressive-work, and nonprofit carve-backs.

What trips people up

The 2024 amendment matters even though the core procedure did not change.
Effective January 1, 2025, SB 577 updated § 425.16(c)(2)'s public-records
cross-reference. Describing the section as last amended in 2011 or 2014 is
therefore stale.

A SLAPPback uses different timing. Section 425.18 defines a SLAPPback as
a malicious-prosecution or abuse-of-process action arising from a claim
dismissed under § 425.16. Its special motion has a 120-day ordinary deadline,
with a possible six-month period and a narrower extraordinary-case route.

An exemption ruling changes the appeal analysis. A denial based on §
425.17 does not use the ordinary anti-SLAPP appeal provisions, even though
other grants and denials do.

Common questions

Does filing dismiss the claim immediately? No. Filing stays discovery;
the claim remains pending until the court rules.

Can the court permit discovery while the motion is pending? Yes. The
court may order specified discovery on noticed motion and good cause.

Does every losing movant pay the plaintiff's fees? No. The statute
requires a finding that the motion was frivolous or solely intended to delay.

Statutes and sources

• Cal. Civ. Proc. Code § 425.16(a)-(b) — “To this end, this section shall
  be construed broadly,” and the plaintiff must establish “a probability that
  the plaintiff will prevail on the claim.” Official Legislative Counsel bulk
  code
  (accessed 2026-08-13).
• Cal. Civ. Proc. Code § 425.16(c)-(g), (i) — fee shifting, the prosecutor
  exclusion, protected-activity categories, the 60-day filing period, 30-day
  hearing rule, discovery stay, and appeal provision. Official Legislative
  Counsel bulk code
  (accessed 2026-08-13).
• Cal. Civ. Proc. Code § 425.17(b)-(e) — public-interest and commercial-
  representation exemptions, carve-backs, and the exemption-denial appeal
  rule. Official Legislative Counsel bulk
  code
  (accessed 2026-08-13).
• Cal. Civ. Proc. Code § 425.18(b), (d) — SLAPPback definition and timing.
  Official Legislative Counsel bulk
  code
  (accessed 2026-08-13).