# California — Anti-SLAPP special motion deadlines, fee-shifting and discovery stay by state

For California, deadline to file the motion is The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper; statute is Cal. Civ. Proc. Code § 425.16, recorded from its source on 2026-09-02.

- **State:** California _(our reading, not quoted from the source)_
- **Deadline to file the motion:** The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. _(verified: appears in its own passage below)_
- **Attorney's fees for the prevailing party:** Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5. _(verified: appears in its own passage below)_
- **Effect on discovery:** All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision. _(verified: appears in its own passage below)_
- **Statute:** Cal. Civ. Proc. Code § 425.16 _(our reading, not quoted from the source)_

## What the source says

> (f) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.

## Where each value comes from

This source states these in separate places, so each value is shown with the passage that states it.

### Deadline to file the motion

> (f) The special motion may be filed within 60 days of the service of the complaint or, in the court’s discretion, at any later time upon terms it deems proper. The motion shall be scheduled by the clerk of the court for a hearing not more than 30 days after the service of the motion unless the docket conditions of the court require a later hearing.

### Attorney's fees for the prevailing party

> (c) (1) Except as provided in paragraph (2), in any action subject to subdivision (b), a prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs. If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.

### Effect on discovery

> (g) All discovery proceedings in the action shall be stayed upon the filing of a notice of motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.

## Source

- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=425.16.&lawCode=CCP

Last verified: 2026-09-02. Review by: 2027-09-02.
Part of [Anti-SLAPP special motion deadlines, fee-shifting and discovery stay by state](https://referencesource.org/anti-slapp-motion-provisions-by-state/).