Anti-SLAPP Laws in California

At a glance

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 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 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 code (accessed 2026-08-13).
• Cal. Civ. Proc. Code § 425.18(b), (d) — SLAPPback definition and timing. Official Legislative Counsel code (accessed 2026-08-13).