437.5.
(a) In any civil action in which the complaint, or any portion thereof, is based on any statement, testimony, or evidence that is made or offered at a parole hearing and is privileged under Section 47 of the Civil Code, and filed by a plaintiff who (1) is not represented by legal counsel and (2) is incarcerated in any penal, correctional, or jail facility, the defendant against whom an allegation in violation of Section 47 of the Civil Code is made in the complaint, may, within the time allowed to respond to a complaint and, in lieu of filing of an answer to the complaint, or any other responsive pleadings, serve and file a notice of special motion to strike all or any part of the complaint based on a privilege under Section 47 of the Civil Code. The special motion shall include all of the following allegations:(1) The complaint is based on a statement, testimony, or evidence that is privileged pursuant to Section 47 of the Civil Code.
(2) The plaintiff is not represented by legal counsel.
(3) The plaintiff is incarcerated in a penal, correctional, or jail facility.
(b) The special motion shall be entitled “Special Motion To Strike Based On Privilege Under Section 47 of the Civil Code.” No memorandum of points and authorities is required in support of this special motion. No filing or appearance fee is required of any defendant who files this special motion.
If a party serves and files a notice of special motion to strike the complaint, or a portion thereof, the time to answer the complaint is extended and no default may be entered against that defendant, except as provided in Sections 585 and 586.
(c) A notice of a special motion to strike the complaint, or a portion thereof, shall specify a hearing date in accordance with Section 1005.
(d) The defendant is entitled, but is not required, to appear at the hearing on the motion to strike. In making its determination, the court shall consider the pleadings and supporting and opposing affidavits stating the facts upon which the liability is based. After the hearing on the special motion to strike, the court shall issue an appropriate ruling. If the court determines that allegations contained in the complaint, are based on matters that are privileged under Section 47 of the Civil Code, the court shall strike those portions of the complaint that are based on the privilege provided under Section 47 of the Civil Code. If the court strikes the complaint in its entirety, the court shall dismiss the entire action with prejudice.
(e) All discovery proceedings in the action shall be stayed upon the filing of the special motion made pursuant to this section. The stay of discovery shall remain in effect until notice of entry of the order ruling on the motion. The court, on noticed motion and for good cause shown, may order that specified discovery be conducted notwithstanding this subdivision.
(f) For purposes of this section, “complaint” includes “cross-complaint” and “petition,” “plaintiff” includes “cross-complainant” and “petitioner,” and “defendant” includes “cross-defendant” and “respondent.”