I am a Plaintiff that has filed a complaint. Defendant has filed a Special Motion To Strike
I waited over 10 days after Defendant was served and served my discoveries.
Defendant, in their (ANTI-SLAPP MOTION) has requested an automatic stay on discovery be stayed under CCP 425.16 (g) and is requesting the stay on discovies that I served on Defendant that they reframe from responding.
Can I file a motion to compel after 35 days have passed?
Will I be sanctioned for filing my MTC if no responses ?
That section plainly stays the discovery in the case until the court rules on their motion. They do not need to respond and you cannot make any motions about it. Yes, you will be sanctioned for not following the statute.
Their motion is designed to stop the litigation before more unnecessary costs are incurred. You are facing the end of your lawsuit if they win. So focus on that. If you need discovery to oppose their motion, then make an ex parte before the court to allow limited discovery for that purpose.
I agree with my colleague who has opined that discovery is stayed. You may wish to consult and perhaps retain counsel. You are facing a potential award of attorney fees against you which may be substantial. If your case has merit, you will need counsel to prevail. If not, early settlement now may avoid a costly fee award against you.
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Upon the filing of a anti-SLAPP motion, all discovery is stayed. Plus, if you lose the motion you will be sanctioned your opponents' legal fees. Before bringing the SLAPP motion , they should have contacted you and asked you to withdraw your claim. If they did not, I would mention it in your opposition.
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