Can a plaintiff amend their complaint as a matter of course in response to an anti-SLAPP motion?

California, United States of America


The following excerpt is from Koerber v. Project Veritas, B285592 (Cal. App. 2020):

once as a matter of course "before the answer, demurrer, or motion to strike is filed, or after a demurrer or motion to strike is filed but before the demurrer or motion to strike is heard if the amended pleading is filed and served no later than the date for filing an opposition to the demurrer or motion to strike[.]" ( 472, subd. (a).) But a plaintiff may not amend a complaint without the court's leave once an anti-SLAPP motion has been filed. (See 472, subd. (b) [provision allowing amendment of complaint as matter of course does not apply once an anti-SLAPP motion is filed]; Salma v. Capon (2008) 161 Cal.App.4th 1275, 1280 [a plaintiff may not avoid a ruling on an anti-SLAPP motion by filing an amended complaint in response to that motion].)

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