One of the Rare Cases Where Fees Assessed Against the Defense.
Normally, when reporting on SLAPP fee awards, we are talking about awards to defendants under the mandatory fee-shifting statute in CCP § 425.16(c)(1). However, the ending part of that provision also allows a court to award mandatory fees to a plaintiff if it determines the defense motion was frivolous or intended solely to cause unnecessary delay.
The defense was assessed with fees of $3,750 for bringing a frivolous SLAPP motion in LaRose v. Zelen, Case No. B219636 (2d Dist., Div. 1 Feb. 22, 2011) (unpublished). On appeal, the award was affirmed because the appellate court, too, found that plaintiff had shown a prima facie case of malicious prosecution such that the defense SLAPP motion was totally devoid of merit (or, put another way, frivolous). No abuse of discretion here. (Moore v. Shaw, 116 Cal.App.4th 182, 198-199 (2004).)