(a) The Legislature finds and declares that a SLAPPback is distinguishable in character and origin from the ordinary malicious prosecution action. The Legislature further finds and declares that a SLAPPback cause of action should be treated differently, as provided in this section, from an ordinary malicious prosecution action because a SLAPPback is consistent with the Legislature's intent to protect the valid exercise of the constitutional rights of free speech and petition by its deterrent effect on SLAPP (strategic lawsuit against public participation) litigation and by its restoration of public confidence in participatory democracy.
§ 425.18.Special Motion to Strike Slappback
Title 6. Of the Pleadings In Civil Actions · Chapter 2. Pleadings Demanding Relief · Article 1. General Provisions · Enacted 2005 · no amendments on record · Last verified July 28, 2026
In one sentenceSection 425.18 defines a SLAPPback as a malicious prosecution or abuse of process claim arising from a prior lawsuit dismissed under the anti-SLAPP statute, and applies a distinct set of rules -- longer filing deadlines, no automatic discovery stay or immediate appeal, and a writ-petition remedy instead -- to a special motion to strike aimed at that SLAPPback claim.
Full Text of § 425.18
(b) For purposes of this section, the following terms have the following meanings:
(1) "SLAPPback" means any cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior cause of action that has been dismissed pursuant to a special motion to strike under Section 425.16.
(2) "Special motion to strike" means a motion made pursuant to Section 425.16.
(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.
(e) A party opposing a special motion to strike a SLAPPback may file an ex parte application for a continuance to obtain necessary discovery. If it appears that facts essential to justify opposition to that motion may exist, but cannot then be presented, the court shall grant a reasonable continuance to permit the party to obtain affidavits or conduct discovery or may make any other order as may be just.
(g) Upon entry of an order denying a special motion to strike a SLAPPback claim, or granting the special motion to strike as to some but less than all causes of action alleged in a complaint containing a SLAPPback claim, an aggrieved party may, within 20 days after service of a written notice of the entry of the order, petition an appropriate reviewing court for a peremptory writ.
(h) A special motion to strike may not be filed against a SLAPPback by a party whose filing or maintenance of the prior cause of action from which the SLAPPback arises was illegal as a matter of law.
(i) This section does not apply to a SLAPPback filed by a public entity.
Plain-English Summary
Section 425.18 addresses what happens after an anti-SLAPP motion succeeds: the party who filed the now-stricken lawsuit may itself get sued for malicious prosecution or abuse of process. Subdivision (b) names that claim a SLAPPback — a cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior action dismissed under § 425.16. Subdivision (a) explains why the Legislature treats it differently from an ordinary malicious prosecution claim: a SLAPPback deters SLAPP litigation and restores confidence in participatory democracy, so it deserves procedural rules calibrated to that purpose rather than the ordinary anti-SLAPP framework.
The practical effect is to make it harder for the original SLAPP filer — now a SLAPPback defendant — to use a special motion to strike against the SLAPPback claim itself. Subdivision (c) removes several of § 425.16's most protective features from that scenario: the fee-shifting provisions of subdivision (c), the 60-day filing deadline and 30-day hearing schedule of subdivision (f), the automatic discovery stay of subdivision (g), and the immediate appeal right of subdivision (i) all do not apply to a special motion to strike a SLAPPback.
In their place, § 425.18 sets its own rules. Subdivision (d) gives a SLAPPback defendant up to 120 days after service of the complaint to file the special motion as of right, up to six months at the court's discretion, or longer still in extraordinary cases with written findings explaining why. Subdivision (e) lets the party opposing the motion seek an ex parte continuance to obtain discovery needed to oppose it — discovery that would otherwise be stayed under § 425.16(g) but is not stayed here. Subdivision (f) preserves the frivolous-motion fee-shifting rule under § 128.5. And instead of an immediate appeal, subdivision (g) gives an aggrieved party 20 days after a denial (or partial grant) to petition for a writ, a discretionary remedy rather than an appeal as of right.
Two final limits round out the section. Subdivision (h) bars a party from filing a special motion to strike a SLAPPback if that party's filing or maintenance of the prior action was illegal as a matter of law — someone cannot use this procedural shield after engaging in conduct the law forbids outright. Subdivision (i) excludes SLAPPbacks filed by a public entity from the section altogether.
Frequently Asked Questions
What is a SLAPPback under California law?
Section 425.18(b)(1) defines a SLAPPback as a cause of action for malicious prosecution or abuse of process arising from the filing or maintenance of a prior action that was dismissed under a special motion to strike pursuant to § 425.16.
Can the original SLAPP plaintiff use an anti-SLAPP motion to defend against a SLAPPback claim?
Only under a modified set of rules. Section 425.18(c) removes § 425.16's fee-shifting, filing-deadline, discovery-stay, and immediate-appeal provisions from a special motion to strike aimed at a SLAPPback claim.
How long does a defendant have to file a special motion to strike a SLAPPback?
Section 425.18(d) allows up to 120 days after service of the complaint as of right, up to six months at the court's discretion, or a later time in extraordinary cases upon written findings explaining the circumstances.
Is discovery automatically stayed when a special motion to strike a SLAPPback is filed?
No. Unlike an ordinary anti-SLAPP motion under § 425.16(g), § 425.18(c) excludes the automatic discovery stay, and § 425.18(e) lets the opposing party seek an ex parte continuance to obtain discovery needed to oppose the motion.
Can a party immediately appeal a ruling on a special motion to strike a SLAPPback?
No. Section 425.18(c) excludes § 425.16(i)'s immediate appeal right. Instead, § 425.18(g) gives an aggrieved party 20 days after service of notice of the order to petition an appropriate reviewing court for a writ.
Amendment History
Added by Stats 2005 ch 535 (AB 1158),s 2, eff. 10/5/2005.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: slappback californiamalicious prosecution after anti-slapp motionspecial motion to strike slappbacksuing over a slapp lawsuit california