Limitations, Waiver, Failure to Plead Properly or Raise by Motion, 1, 11
Defendant waived her statute of limitations defense under CCP 340.6 (attorney malpractice) by failing to raise it in her timely first Anti-SLAPP motion to strike. She did raise the statute in a second Anti-SLAPP motion which was denied as untimely. But then in her answer, defendant raised the statute of limitations, but cited only CCP sections other than 340.6. It was two years after the complaint was initially filed before defendant properly raised the statute of limitations. That was too late. Defendant waived the defense by her delay in raising it.