Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of action pursuant to Code of Civil Procedure section 425.18 [“SLAPP-back 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 415.16.”] Here, the trial court granted defendant’s motion to strike plaintiff’s SLAPP-back case, and plaintiff appealed. The Court of Appeal dismissed plaintiff’s appeal, finding it did not have jurisdiction to consider it. (West v. Arent Fox LLP (Cal. App. Second, Div. 5; June 17, 2015) 237 Cal.App.4th 1065 [188 Cal.Rptr.3d 729].)Appeal Or Order Granting Motion To Strike SLAPP-back Case Dismissed For Lack Of Jurisdiction.
Code of Civil Procedure section 904.1, subdivision (a), subsection (13), states: “An appeal. . . may be taken from any of the following: [¶] (13) From an order granting or denying a special motion to strike under Section 425.16.” In the present case, the plaintiff/appellant had specifically pled the claim was a SLAPP-back cause of action pursuant to Code of Civil Procedure section 425.18 [“SLAPP-back 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 415.16.”] Here, the trial court granted defendant’s motion to strike plaintiff’s SLAPP-back case, and plaintiff appealed. The Court of Appeal dismissed plaintiff’s appeal, finding it did not have jurisdiction to consider it. (West v. Arent Fox LLP (Cal. App. Second, Div. 5; June 17, 2015) 237 Cal.App.4th 1065 [188 Cal.Rptr.3d 729].)