Skip to main content

United States · California Code of Civil Procedure

When may a California anti-SLAPP motion be filed?

CCP 425.16(f) permits filing within 60 days after complaint service, or later in the court’s discretion. The hearing has a different service trigger.

5.0Rated by lawyers in California, London and Singapore“The platform is really easy to use.” — Michael B., California“The Evidence Record saved us time with our insurance on bankruptcy matters.” — Maria, London, UK“The most up-to-date service we could find.” — Li Chen, Singapore
Calculate my deadline
Period
60 days for the disclosed component
Trigger
Effective service of the complaint on the moving party
Rule
CCP 425.16(f)
CCP 425.16(f)

Official current section reviewed. (Amended by Stats. 2024, Ch. 444, Sec. 1. (SB 577) Effective January 1, 2025.)

Free calculator · No account needed

Calculate your deadline

Loading calculator…

What lawyers say

5.0
  • “The platform is really easy to use.”

    Michael B.Employment litigation attorney · California

  • “The Evidence Record saved us time with our insurance on bankruptcy matters.”

    MariaBankruptcy and commercial attorney · London, UK

  • “The most up-to-date service we could find.”

    Li ChenArbitration practitioner · Singapore

Which event starts this CCP 425.16(f) inquiry?

Effective service of the complaint on the moving party

Identify the challenged pleading and service. Subsection (h) includes a cross-complaint and petition in the defined complaint.

Responsible actor. The party filing the special motion to strike. Use service of the complaint, cross-complaint or petition within CCP 425.16, and the ordinary sixty-day filing component. This does not establish substantive eligibility. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.

CCP 425.16(f)

How is this particular California component counted?

  1. Use service of the complaint, cross-complaint or petition within CCP 425.16, and the ordinary sixty-day filing component. This does not establish substantive eligibility. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  2. Exclude the established event day and count 60 calendar days under CCP 12. Intermediate weekends and holidays count. Apply CCP 12a to a final judicial holiday and check actual office closures under CCP 12b.
  3. Check the actual judicial holidays, closures and statutory or court-ordered qualifications.
  4. File the special motion and preserve service of the motion separately. Determine the hearing schedule and discovery stay from their own statutory events.

CCP 12 excludes the triggering day for ordinary day periods. CCP 12a supplies the final judicial-holiday adjustment, including Saturdays and the CCP 135 holidays. CCP 12b addresses qualifying whole-day office closures. Court-day periods exclude intermediate Saturdays, Sundays and judicial holidays. Calendar-day periods include intermediate closed days. Rule 1.11 supplies Friday observance of a Saturday judicial holiday and Monday observance of a Sunday judicial holiday. The calendar includes Lincoln Day, March 31, Juneteenth, Native American Day and Thanksgiving Friday. It excludes Columbus Day and Good Friday as ordinary full judicial holidays. The observed New Year holiday on December 31, 2027 is confirmed in the county schedule. Actual additional closures require separate evidence.

These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.

The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.

CCP 12, exclusion of the first day

What does an independently derived example show?

Fictitious example

Use service of the complaint, cross-complaint or petition within CCP 425.16, and the ordinary sixty-day filing component. This does not establish substantive eligibility. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review. The disclosed component, effective personal or specified nonmail service and no changed order.

Example counting steps
StepWhat is countedDate
Established eventEffective service of the complaint on the moving partyAugust 2, 2027
Disclosed component boundary60 days for the disclosed componentOctober 1, 2027
Example resultOctober 1, 2027

Fictitious facts within the stated coverage. This is the disclosed component, not a determination of legal accrual, effective service, court action or entitlement. No tolling, different service addition, altered order or additional closure is assumed. Closed unsupported base branches receive no computed date.

Try these dates in the calculator

Which qualifications change this procedure?

Later filing
Subsection (f) allows the court to permit later filing on terms it deems proper. The calculator does not obtain that permission.
Discovery stay
Subsection (g) stays discovery upon notice-of-motion filing until notice of entry of the ruling, subject to specified court-ordered discovery.
Service methods and distinct statutory additions
These base components do not add mail, electronic, fax, express or overnight service time. CCP 1013 and 1010.6 identify eligible additions, service conditions and express exceptions. CCP 1005 supplies its own motion-delivery provisions and excludes CCP 1013 for its identified notices. New-trial and CCP 663a intention-notice filings do not receive the stated mail or electronic additions. Establish the actual service method and governing procedure before applying any addition. A summons-service completion event is not determined by the general document-service addition.
Edition and calendar coverage
The official sections were reviewed, including the retained 2026 and operative-2027 CCP 473 and 415.20 editions. Publication coverage for day and court-day components begins January 1, 2026, or a later expressly stated section effective date. Year components begin no earlier than January 1, 2021, or the section’s later stated effective date, and assume the current reviewed branch applies. These are software coverage boundaries, not findings that an actual act is late. Displayed final dates are confined to the independently reviewed 2026 and 2027 judicial calendar. Closed backward base boundaries and closed minimum-deposition boundaries receive no computed or paid date because their exact adjustment is not implemented. Earlier editions, emergency measures, tolling, different service methods and actual additional closures require separate review.
CCP 425.16(f)
  • Use service of the complaint, cross-complaint or petition within CCP 425.16, and the ordinary sixty-day filing component. This does not establish substantive eligibility. Only the disclosed component is supported. Additional actual closures, altered orders and excluded service methods require separate review.
  • The base calculation does not resolve the excluded comparisons or establish that the responsible actor completed the required act.

Which acts and evidence must be preserved?

Questions about CCP 425.16(f)

When may a California anti-SLAPP motion be filed?

Does the hearing clock begin with complaint service?

No. The hearing branch uses service of the motion, subject to the court docket.

CCP 425.16(f)

Is filing after sixty days always barred?

No. The court has the stated discretion to permit later filing. Do not treat that discretion as an automatic extension.

CCP 425.16(f)

Does this establish that the claim is subject to anti-SLAPP relief?

No. The substantive application and exemptions require separate review of CCP 425.16.

CCP 425.16(b)-(d)

Official California sources and edition review

Provisions used (14)
Provisions used in this guide
ProvisionPurpose
CCP 425.16(f)The particular actor, event, period and required act
CCP 425.16(f)The separately identified counting, filing, holiday or procedural qualification
CCP 425.16(g)The separately identified counting, filing, holiday or procedural qualification
CCP 425.16(b)-(d)The separately identified counting, filing, holiday or procedural qualification
CCP 12, exclusion of the first dayThe separately identified counting, filing, holiday or procedural qualification
CCP 12a, final judicial holidaysThe separately identified counting, filing, holiday or procedural qualification
CCP 12b, actual whole-day office closuresThe separately identified counting, filing, holiday or procedural qualification
CCP 12c, backward hearing and service additionsThe separately identified counting, filing, holiday or procedural qualification
CCP 135, judicial holidays and exclusionsThe separately identified counting, filing, holiday or procedural qualification
California judicial holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
Cal. Rules of Court, rule 1.11The separately identified counting, filing, holiday or procedural qualification
Superior Court of San Bernardino holiday scheduleThe separately identified counting, filing, holiday or procedural qualification
CCP 1013, service additions and exceptionsThe separately identified counting, filing, holiday or procedural qualification
CCP 1010.6, electronic service and filingThe separately identified counting, filing, holiday or procedural qualification
Read the official section

Cookie preferences

Deadline Engine uses necessary cookies for authentication and security. You can choose whether we may load Plausible Analytics to measure aggregate site use. We do not use advertising or marketing tracking. You can change this any time from the footer. Read the Cookie Policy.