It Held That Simply Because Plaintiff Prevailed On SLAPP Motion Did Not Establish Frivolity Requirement To Award Fees Against The Losing Defense.
On March 19, 2016, we posted on Baughn v. Department of Forestry and Fire Protection, which was unpublished at the time. It held that simply because a plaintiff prevails on a defense SLAPP motion does not mean that the defense motion was frivolous, with the latter requirement being necessary to show before fees are awarded to the successful plaintiff. We can now report that the decision was certified for publication by the Third District on April 6, 2016.