Bagheri v. Adeli-Nadjafi
Appellants Ebrahim Bagheri and Ghamar Fazlelahi appeal from the order entered in favor of respondent Nazila Adeli-Nadjafi denying appellants’ anti-SLAPP motion as untimely because the motion, filed by facsimile, was not printed until after the clerk’s office closed for the day. Appellants claim the trial court erred in finding their motion untimely. In addition, appellants assert the trial court erred in denying their nunc pro tunc motion without reviewing its merits. As will be explained, the trial court erred when it found appellants’ anti-SLAPP motion was untimely. There is no clear definition of when a filing via facsimile (fax) has been received by the clerk’s office. The ambiguity in the rules leads to conflicting interpretations. In addition, appellants presented evidence that they transmitted the motion prior to 4:30 p.m. via their fax transmission report and there was no evidence respondent suffered prejudice as a result of appellants’ filing. Accordingly, we reverse and remand to the trial court.
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