SLAPPback (malicious prosecution / abuse of process after a granted anti-SLAPP motion): special motion to strike within 120 days of service of the complaint

120 days after date the complaint containing the slappback cause of action was served, under Cal. Code Civ. Proc. 425.18(d)(1)(A), (c).

Rule text

CCP 425.18(d): "(1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows:(A) Within 120 days of the service of the complaint.(B) At the court’s discretion, within six months of the service of the complaint.(C) At the court’s discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance.(2) 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." CCP 425.18(c): "The provisions of subdivisions (c), (f), (g), and (i) of Section 425.16, and paragraph (13) of subdivision (a) of Section 904.1, shall not apply to a special motion to strike a SLAPPback."

Cal. Code Civ. Proc. 425.18(d)(1)(A), (c), official source

Calculate this deadline

Deadline
Monday, March 8, 2027
  1. Trigger (Date the complaint containing the SLAPPback cause of action was served): Friday, November 6, 2026.
  2. Exclude the trigger day and count 120 calendar days: Saturday, March 6, 2027.
  3. That day is a Saturday, so the deadline moves to the next court day: Monday, March 8, 2027 (Cal. Code Civ. Proc. 12, 12a, 12b, 10; Cal. Rules of Court, rule 1.10).
Rules applied
Cal. Code Civ. Proc. 425.18(d)(1)(A), (c)
CCP 425.18(d): "(1) A special motion to strike a SLAPPback shall be filed within any one of the following periods of time, as follows:(A) Within 120 days of the service of the complaint.(B) At the court’s discretion, within six months of the service of the complaint.(C) At the court’s discretion, at any later time in extraordinary cases due to no fault of the defendant and upon written findings of the court stating the extraordinary case and circumstance.(2) 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." CCP 425.18(c): "The provisions of subdivisions (c), (f), (g), and (i) of Section 425.16, and paragraph (13) of subdivision (a) of Section 904.1, shall not apply to a special motion to strike a SLAPPback."
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
  • Replaces the 60-day period of CCP 425.16(f) (anti_slapp_motion) for SLAPPback claims only; 425.16(f) expressly does not apply (425.18(c)). Same ambiguity as anti_slapp_motion about whether CCP 1013/1010.6 extends the period; conservative count from service without extension. Not available to a SLAPPback filed by a public entity (425.18(i)) or where the prior action was illegal as a matter of law (425.18(h)).
  • 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 complaint containing the SLAPPback cause of action was served on Monday, March 15, 2027, personal service: due Tuesday, July 13, 2027.

  1. Trigger (Date the complaint containing the SLAPPback cause of action was served): Monday, March 15, 2027.
  2. Exclude the trigger day and count 120 calendar days: Tuesday, July 13, 2027.

Unsettled points

  • The calculator shows the 405.39 and 425.18 writ deadlines with no mail or e-service days, the earlier date; 437c(m) and 170.3(d) keep the mail days their own text grants.Other reading: If CCP 1013 and 1010.6 extend the 405.39 and 425.18 periods, those deadlines are 5 calendar or 2 court days later.

Notes

Replaces the 60-day period of CCP 425.16(f) (anti_slapp_motion) for SLAPPback claims only; 425.16(f) expressly does not apply (425.18(c)). Same ambiguity as anti_slapp_motion about whether CCP 1013/1010.6 extends the period; conservative count from service without extension. Not available to a SLAPPback filed by a public entity (425.18(i)) or where the prior action was illegal as a matter of law (425.18(h)).

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.