No “Complete” Frivolousness Shown.
Defendant losing a SLAPP motion was hit with attorney’s fees of $19,500 for filing a completely frivolous proceeding in Hayes v. Hutchison, Case No. B237556 (2d Dist., Div. 4 Jan. 24, 2013) (unpublished). A frivolous defense motion can be the subject of fee recovery in the SLAPP area under CCP § 425.16(c)(1). However, the problem was that the trial court never found complete frivolity, just a tenuous disputed fact, so that the standard for a defense SLAPP fee award was not met and was reversed on appeal.
Above: Test for complete frivolity.