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rsa.esq
rsa.esq, Lawyer
Category: Legal
Satisfied Customers: 73
Experience:  Sworn to the California Bar in 2011. Former staff editor at The New York Times Co. and seasoned news professional of 20 years experience in the U.S. and abroad.
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Kind of a mess but here goes. I am a representing myself pro

Customer Question

Kind of a mess but here goes. I am a representing myself pro per in a Defamation case with multiple defendants. One defendant's attorney served me with a demurrer and motion to strike complaint. I was working on an opposition to same when he served me
with a 425.16 special motion...nasty!. So, my question is, do I proceed with the opposition of demurrer and MTS? or am I stopped because of the stay on discovery based on special motion to strike. I don't want something dismissed because I didn't respond to
demurrer/MTS, at the same time I don't want to get in trouble if the opposition to demurrer and MTS are considered discovery documents ??? Can't seem to find anything online regarding these specifics of the 425.16 law. Also, not sure how this relates to the
other defendants in the action. Any suggestions..no I'm not jumping off any bridges.
Submitted: 1 year ago.
Category: Legal
Expert:  rsa.esq replied 1 year ago.

Hi, I'm scott:

I see this was for Delta-Lawyer, but it has been 8 hours: if he comes online and his answer is more responsive, of course, go with him. But maybe I can help otherwise.

First, as you know, we cannot give specific legal advice to specific legal problems in this forum; rather one address legal and procedural issues generally.

Always be aware of deadlines for filing responses and respond to each - as I'm sure you know, failure to file response timely has serious consequences. You have 30 days to respond to the 425.16 special motion to strike.

The suspension of discovery on filing of the 425.16 special motion to strike provided for by CCCP425.16(g) does not apply in the context of other court filings.

Court filings become public record as soon as they're filed with the Clerk of Court, so there is no issue of such answers to motions being 'discoverable': perforce they become matters of public record.

Also, under CCP425.16(c), whoever prevails on the special motion to strike can recover reasonable legal fees.

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