Maurer v. Strom CA4/3
Defendant Nancy Ann Strom (Nancy) appeals from the trial court’s decision declining to hear her special motion to strike plaintiff Barbara Leigh Strom Maurer’s complaint pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute). The court concluded the motion was untimely. Nancy argues the court abused its discretion by declining to hear her motion, which she filed more than six months after proceedings were initiated. Nancy, however, failed to address the timeliness issue below. She cannot raise her reasons as to why the court should have exercised its discretion to hear her untimely motion for the first time in this court. Based on the record the court had before it when it ruled, there was no abuse of discretion. Accordingly, we affirm the order.
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