SLAPP: Homeowner Not Appealing Merits Determination Had No Basis To Challenge Fee Award To Winning HOA

 

$8,744.50 Fee Award Affirmed on Appeal.

     The underlying dispute was a homeowner-homeowner association (HOA) dispute in which defendants represented HOA but homeowner sued the HOA attorneys for legal malpractice. Defendants won a SLAPP motion and were awarded $8,744.50.

     Homeowner appealed the adverse result in Kumar v. Robert E. Weiss Inc., Case No. B234663 (2d Dist., Div. 8 Aug. 27, 2012) (unpublished).

     No change in result on appeal.

     The main reason was that the merits of the SLAPP grant were not timely appealed, such that the merits challenges could not be entertained with respect to the fee order on appeal either. (Maughan v. Google Technology, Inc., 143 Cal.App.4th 1242, 1246-1247 (2006) [discussion on timely appealing SLAPP merits order].) Because there were no further challenges to the fees in any other respect, the fee order had to be affirmed in entirety.

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