Friday, September 25, 2020

Anti-SLAPP appeal dismissed

The Sixth District publishes a lesson here about what to appeal and when in a published opinion:

appellants did not appeal from the order granting the anti-SLAPP motions but from the judgment of dismissal that followed later, which they relied on as the appealable order. We conclude, based on the applicable law that makes an order granting a motion to strike immediately appealable (§§ 426.16, subd. (i), 904.1, subd. (a)(13)), that appellants’ appeal as to the order on the anti-SLAPP motions was untimely. We similarly conclude that the challenge to the denial of the new trial motion is not cognizable on appeal from the judgment of dismissal, because the motion for new trial was itself untimely and did not serve as a valid basis to extend time for filing of the appeal