Allocation/SLAPP: SLAPP Fees Go POOF For One Defendant, But Other Defendant Has To Apportion On Remand For Fee Recovery

$82,048 Joint Fee Award Goes Away, But One Defendant Has Another Swing At It.

     Given that we are in the midst of the World Series between the Giants and Tigers (the Giants having a 2-0 lead at present), it is fitting we review a SLAPP post where one defendant lost fees when a SLAPP grant was reversed, but another defendant has another swing at fees when the SLAPP grant was affirmed as to him–but with a remand order to apportion out fee work only relating to the winning defendant.

     That is exactly what happened in Park Wellington Owners’ Assn. v. Edwards, Case No. B235623 (2d Dist., Div. 4 Oct. 25, 2012) (unpublished).

     Two defendants won SLAPP motions, with the lower court jointly awarding them mandatory fees of $82,048. However, one defendant’s grant was overturned on appeal, so no fees on that one. The other defendant’s SLAPP grant was sustained, but the appellate court ordered the case back so that fee work could be apportioned out with respect to what winning defendant incurred.

     Plaintiffs requested fees against the losing defendant (based on the SLAPP fee provision allowing such fees if the motion is determined to be frivolous or motivated by delay), but the appellate court found there was no such showing given only a minimal merit demonstration is required to defeat a SLAPP motion. (Fashion 21 v. Coalition of Humane Immigrant Rights of Los Angeles, 117 Cal.App.4th 1138, 1149 (2004).)