Appealability/POOF!/SLAPP:  Reversal Of SLAPP Merits Recovery Means Fee Recovery Went POOF!

SLAPP Fee Award Is Appealable.

            In Kessey v. Los Robles Regional Medical Center, Case No. B277523 (2d Dist., Div. 6 Jan. 18, 2018) (unpublished), the appellate court in an earlier unpublished decision reversed an anti-SLAPP order in defendants’ favor.  That meant the defense SLAPP fee recovery of $52,500 also went POOF!  Defendants argued that the SLAPP fee order was not appealable, but the appellate court disagreed in a footnote by citing to Ellis Law Group, LLP v. Nevada City Sugar Loaf Properties, LLC, 230 Cal.App.4th 244, 251 (2014); CCCP § 904.1(a)(2); Eisenberg et al., Cal. Practice Guide:  Civil Appeals & Writs (The Rutter Group 2017) ¶ 2:135.14, p. 2-86.

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