No Authority Cited To Engraft Contract Principle Into SLAPP Recovery.
We do have to hand it to the non-prevailing party on a SLAPP motion for creativity. In Ricketts v. Integrity Property Management, Case No. B302685 (2d Dist., Div. 5 Apr. 27, 2021) (unpublished), a non-prevailing SLAPP litigant argued that mandatory SLAPP fees were “capped” based a contractual fees clause which capped things at $500 (which is enforceable in a contract dispute, we believe). No go, said the 2/5 DCA—appellant cited no authority that mandatory SLAPP fees were governed by the contractual agreement by the parties otherwise.