SLAPP/Substantiation Of Fees: $5,705 SLAPP Fee Recovery Falls Within The Collateral Order Exception To Appealability

 

     In City of Colton v. Singletary, Case No. E052377 (4th Dist., Div. 2 May 30, 2012) (certified for publication), cross-defendant was granted a SLAPP motion on two counts of a cross-complaint brought by City, eventually awarded $5,750 in fees and $80 in costs.

     City appealed, with the appellate court discussing several SLAPP fee issues.

     First, it determined that the fee award was not directly appealable under CCP § 904.1, but was appealable under the collateral order exception.

     Second, cross-defendant was indeed the prevailing party on the two counts, but a partial reversal on one of the counts meant that the lower court could revisit the award in light of the partial reversal–although intimating that cross-defendant did indeed win.

     Third, cross-defendant’s fee declarations about the work alone sufficed as adequate substantiation for fee motion purposes.

Wigwam Motel, San Bernardino, California

Wigwam Motel, located minutes from Colton.  Carol M. Highsmith collection.  Library of Congress.

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