MELR, Inc. v. San Fernando Road Property, LLC CA2/
Plaintiff and appellant MELR, Inc. (plaintiff) appeals from an order striking its second amended complaint as a strategic lawsuit against public participation (SLAPP) under Code of Civil Procedure section 425.16 (California’s anti-SLAPP statute). Among other things, plaintiff contends the anti-SLAPP motion brought by defendants and respondents San Fernando Road Property, LLC (San Fernando), Harout Broutian, and Mike Telalyan (collectively, defendants) was untimely.
We agree and reverse the order. A defendant must move to strike a cause of action within 60 days of service of the earliest complaint that contains that cause of action. Here, defendants filed their anti-SLAPP motion more than 15 months after the original complaint was served, and more than nine months after the first amended complaint was served. Plaintiff’s claims against defendants in the second amended complaint are identical to those asserted in the earlier-filed pleadings.
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