SB 439: Special motions to strike: priority housing development projects.

Existing law permits any party to file a notice of motion and motion to strike the whole or any part of a pleading. Under existing law, a party may file with the trial court a special motion to strike a cause of action against a person arising from any act of that person in furtherance of the persons right of petition or free speech under the United States Constitution or the California Constitution in connection with a public issue.

This bill would permit a party to file with the trial court a special motion to strike the whole or any part of a pleading in all civil actions brought by any plaintiff to challenge the approval or permitting of a priority housing development project, as defined. The bill would require the trial court to deny the motion to strike if it determines that the plaintiff has established that there is a probability that the plaintiff will prevail on the claim. The bill would entitle a prevailing defendant on a special motion to strike to recover their attorneys fees and costs, except as specified. Except as specified, the bill would require the filing of a special motion to strike within 60 days of the service of the complaint, or in the courts discretion, at any later time the court deems proper. The bill would provide that if the court determines the administrative record is required for its decision, the moving party may, notwithstanding the filing deadlines above, file the special motion to strike within 60 days of the service of the administrative record or, in the courts discretion, at any later time the court deems proper. The bill would require the court to make its determination on the special motion to strike on the pleadings, supporting and opposing affidavits stating the facts upon which the liability or defense is based, and if applicable, the administrative record. The bill would provide that an order granting or denying this special motion to strike is appealable, as specified.