Notice of appeal from order granting or denying anti-SLAPP motion (60 days after notice of entry)

60 days after date the clerk or a party served a 'notice of entry' of the order or a filed-endorsed copy of the order (with proof of service), under Cal. Code Civ. Proc. 425.16(i), 904.1; Cal. Rules of Court, rule 8.104(a)(1)(A), (B), (e).

Rule text

CCP 425.16(i): "An order granting or denying a special motion to strike shall be appealable under Section 904.1." CRC 8.104(a): "(1) Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of: (A) 60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served; (B) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or (C) 180 days after entry of judgment." CRC 8.104(e): "As used in (a) and (d), \"judgment\" includes an appealable order if the appeal is from an appealable order."

Cal. Code Civ. Proc. 425.16(i), 904.1; Cal. Rules of Court, rule 8.104(a)(1)(A), (B), (e), official source

Calculate this deadline

Deadline
Tuesday, January 5, 2027
  1. Trigger (Date the clerk or a party served a 'Notice of Entry' of the order or a filed-endorsed copy of the order (with proof of service)): Friday, November 6, 2026.
  2. Exclude the trigger day and count 60 calendar days: Tuesday, January 5, 2027.
Rules applied
Cal. Code Civ. Proc. 425.16(i), 904.1; Cal. Rules of Court, rule 8.104(a)(1)(A), (B), (e)
CCP 425.16(i): "An order granting or denying a special motion to strike shall be appealable under Section 904.1." CRC 8.104(a): "(1) Unless a statute or rules 8.108, 8.702, or 8.712 provides otherwise, a notice of appeal must be filed on or before the earliest of: (A) 60 days after the superior court clerk serves on the party filing the notice of appeal a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, showing the date either was served; (B) 60 days after the party filing the notice of appeal serves or is served by a party with a document entitled "Notice of Entry" of judgment or a filed-endorsed copy of the judgment, accompanied by proof of service; or (C) 180 days after entry of judgment." CRC 8.104(e): "As used in (a) and (d), \"judgment\" includes an appealable order if the appeal is from an appealable order."
Official source
Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10
CCP 12: "The time in which any act provided by law is to be done is computed by excluding the first day, and including the last, unless the last day is a holiday, and then it is also excluded." CCP 12a(a): "If the last day for the performance of any act provided or required by law to be performed within a specified period of time is a holiday, then that period is hereby extended to and including the next day that is not a holiday. For purposes of this section, “holiday” means all day on Saturdays, all holidays specified in Section 135 and, to the extent provided in Section 12b, all days that by terms of Section 12b are required to be considered as holidays." CCP 12b: "If any city, county, state, or public office, other than a branch office, is closed for the whole of any day, insofar as the business of that office is concerned, that day shall be considered as a holiday for the purposes of computing time under Sections 12 and 12a." CCP 10: "Holidays within the meaning of this code are every Sunday and any other days that are specified or provided for as judicial holidays in Section 135."
Official source
  • Jurisdictional; the EARLIEST of this rule and anti_slapp_order_appeal_180 controls. Same computation as notice_of_appeal_unlimited, applied to the appealable order (8.104(e)). No CCP 1013 or 1010.6 extension (1013(a); 1010.6(a)(3)(B)(iii)); no court may extend (8.104(b)). Entry date of a minute order vs signed order follows 8.104(c). In a limited civil case use rule 8.822 (30/90 days). Appeal of an order denying the motion stays trial-court proceedings on the merits (case law; not modeled).
  • If the clerk's office is closed or inaccessible on the last day (weather, emergency or local closure orders), the deadline may be extended. Check local orders.
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This calculator applies the cited rules to the dates you enter. It is not legal advice. Court orders, local rules, and case-specific facts can change a deadline; verify before relying on it. Rule set pending attorney review.

Worked example

Date the clerk or a party served a 'Notice of Entry' of the order or a filed-endorsed copy of the order (with proof of service) on Monday, March 15, 2027, personal service: due Friday, May 14, 2027.

  1. Trigger (Date the clerk or a party served a 'Notice of Entry' of the order or a filed-endorsed copy of the order (with proof of service)): Monday, March 15, 2027.
  2. Exclude the trigger day and count 60 calendar days: Friday, May 14, 2027.

Notes

Jurisdictional; the EARLIEST of this rule and anti_slapp_order_appeal_180 controls. Same computation as notice_of_appeal_unlimited, applied to the appealable order (8.104(e)). No CCP 1013 or 1010.6 extension (1013(a); 1010.6(a)(3)(B)(iii)); no court may extend (8.104(b)). Entry date of a minute order vs signed order follows 8.104(c). In a limited civil case use rule 8.822 (30/90 days). Appeal of an order denying the motion stays trial-court proceedings on the merits (case law; not modeled).

Related deadlines

All California civil deadlines

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Rules current as of 2026-10-25. Confirm against the official source and any local rule or court order before relying on a date. Rules changelog.