Plaintiff's Appeal of
Anti-SLAPP Fee Denial Was Premature.
A plaintiff successfully
opposing an anti-SLAPP motion may be entitled to attorney's fees if the motion
is determined to have been frivolous or brought solely for the purpose of
furthering unnecessary delay. Code Civ.
Proc., § 425.16(c). In the case
discussed below, defendant lost his anti-SLAPP motion. Plaintiff moved to recover its attorney's
fees, a request denied by the lower court.
Both sides appealed the adverse determination.
In Call v. Digital Domain, Inc., Case No.
B197815 (2d Dist., Div. 7 Oct. 6, 2008) (unpublished), the Second District,
Division 7 determined the appeal was premature.
An order declining to award fees to a plaintiff successfully opposing an
anti-SLAPP motion is not immediately appealable, but is appealable from a final
judgment in the matter. (See Doe v. Luster, 145 Cal.App.4th
139, 150 (2006); American Humane Assn. v.
Los Angeles
Times Communications, 92 Cal.App.4th 1095, 1102-1103
(2001).) Plaintiff requested that the
appeal be treated as an extraordinary writ, but the Court of Appeal found that
it had not demonstrated entitlement to such relief.
Plaintiff's fee request would have to wait until the end of the case.