CA SB439

Permits defendants to file special motions to strike lawsuits challenging the approval or permitting of priority housing development projects (100% of units reserved for lower income households for at least 55 years).

Court must deny the motion to strike only if the plaintiff establishes a probability of prevailing on the claim, and the court makes its determination based on pleadings, affidavits, and the administrative record if required.

Prevailing defendants on a special motion to strike are entitled to recover attorney's fees and costs, except when the motion is found frivolous or solely intended to cause unnecessary delay, in which case the plaintiff recovers fees and costs.

Special motions must be filed within 60 days of service of the complaint (or within 60 days of the administrative record if required), with hearings scheduled no more than 30 days after service of the motion; all discovery is stayed upon filing the motion.

Orders granting or denying these special motions to strike are appealable under Section 904.1.