Appeal From Voluntary Dismissal of Remaining Claims Was Untimely.
Defendant winning an anti-SLAPP motion on many claims sought to recover fees of $56,062.50 after learning that plaintiff voluntarily dismissed the remaining claims. Unfortunately, defendant moved to recoup SLAPP fees based on the date of the voluntary dismissal, rather than the earlier anti-SLAPP order in its favor. Defendant’s motion for fees was untimely if it ran from the earlier, favorable anti-SLAPP order.
Defendant did not win its appeal challenge that the fee motion was timely in Hot Spot Investment Co. v. Capitol Investment Co., Case No. H040269 (6th Dist. Nov. 14, 2014) (unpublished).
CRC rule 3.1702(b)(1) required defendant to move for fees and costs by no later than 60 days after the SLAPP grant order was served by the court. The time period did not run from the later voluntary dismissals, with the appellate court intimating that it disagreed with the contrary result reached in Carpenter v. Jack in the Box, 151 Cal.App.4th 454, 463 n. 8, 464. The CCP § 425.16 order was immediately appealable, so the failure to comply with rule 3.1702 time requirements was jurisdictionally dispositive.