Second District, Division Eight Acknowledges Principle in Recent Unpublished Decision.
By now, we all know that successful defendants in an anti-SLAPP proceeding are entitled to a mandatory attorney's fees award. (Code Civ. Proc., § 425.16(c).) So, what about fees on appeal to a defendant/respondent successfully defending the grant of an anti-SLAPP motion?
Answer: See the recent unpublished decision of Shoemaker v. Troy & Gould, Case No. B207019 (2d Dist., Div. 8 Dec. 18, 2008) (unpublished). Okay, the suspense is killing you. The answer is that the successful defendant on appeal also obtains the opportunity to recoup appellate attorney's fees and costs in defending the order granting the special motion to strike. The Shoemaker panel helps us all by citing cases that do support this proposition: Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi, 141 Cal.App.4th 15, 20 (2006) and Wilkerson v. Sullivan, 99 Cal.App.4th 443, 448 (2002).