KUNYSZ v. Sandler

Opinion

MOORE, J.

This is an appeal from an order denying a special motion to strike under Code of Civil Procedure section 425.16, the anti-SLAPP statute.

1

(Subsequent statutory references are to the Code of Civil Procedure.) Almost 10 months after an initial motion to strike under the anti-SLAPP statute was denied, the defendant filed a motion for reconsideration pursuant to section 1008, subdivision (b), arguing new facts and law. Based on the provision of the anti-SLAPP statute requiring motions to strike to be filed within 60 days of the complaint, or at a time the court deems proper discretion, the trial court denied the motion. We find no abuse of discretion and affirm.

[1542]

I

FACTS

We review the facts very briefly, as they are not directly pertinent to the procedural issue that governs this appeal. Homeowner Stephen Sandler hired contractor Paul Kunysz IV to complete certain work on his home. Disputes arose, and Sandler sued Kunysz. In June 2005, at the conclusion of closing statements in that case, Kunysz served Sandler with the initial complaint in this action. Kunysz alleged that while trial in the underlying action was ongoing, Sandler made calls to individuals for whom Kunysz had previously built custom homes and defamed him, stating, among other things, that his work was of poor quality. Kunysz’s complaint alleged claims for defamation, intentional and negligent infliction of emotional distress, and interference with prospective economic advantage.

Sandler filed a demurrer and a special motion to strike under section 425.16 shortly thereafter. On August 8, before the hearing on those motions, Kunysz filed a first amended complaint. The first amended complaint was nearly identical, adding only a few factual details. While the hearing on the demurrer was mooted by the amended complaint, the hearing on Sandler’s anti-SLAPP motion was scheduled for August 30. The matter was heard and the trial court denied Sandler’s motion on September 12. Sandler filed an answer to the first amended complaint on October 14. No appeal was apparently filed.