Wednesday, October 28, 2009

Law Offices of Andrew Ellis v. Yang (Cal. Ct. App. - Oct. 27, 2009)

Think that the other side's anti-SLAPP motion is going to prevail? Forgot (or were unable) even to file an opposition to the motion?

No matter. You may perhaps have to pay their attorney's fees and costs. But as long as the court hasn't yet issued a tentative, you can still dismiss the lawsuit without prejudice and file it again -- indeed, you have an absolute right to do so, and the court is thereafter without jurisdiction to decide the anti-SLAPP motion.

To be sure, this is far from an absolute victory on your part. But you do live to fight again.