SLAPP/POOF!: Reversal Of SLAPP Grant Means Fee Award Goes POOF!

 

     A prevailing cross-defendant in a SLAPP proceeding garnered successful fee awards of $7,834.75 and $3,953 against the cross-complainant. However, Peng v. Hong Sang Market, Inc., Case Nos. A133044/A134394 (1st Dist., Div. 3 Sept. 27, 2012) (unpublished) demonstrates what happens when the appellate court determines that the SLAPP order should have been denied. What happens? The fee award goes POOF!  (Santa Monica Rent Control Bd. v. Pearl Street, LLC, 109 Cal.App.4th 1308, 1320 (2003).)   

     Because cross-complainant was now the prevailing party, she could try to convince the lower court on remand that the SLAPP motion was frivolous or dilatory so that the cross-defendants should be liable fees, something the appellate court expressed no opinion as far as the merits. Note the operation of the fee-shifting provisions of CCP § 425.16–fees must be awarded to the winning defendant, but fees can only be awarded to the winning plaintiff if the defense SLAPP motion is found to be frivolous or dilatory in nature.

Scroll to Top