Plaintiffs’ Lead Counsel Sanctioned $13,000 For Bringing A Frivolous Appeal, Payable To The Appellate Court.
In G.W. v. Coronado Unified School District, Case No. D083991 (4th Dist., Div. 1 Sept. 29, 2025) (unpublished), plaintiffs lost a SLAPP motion which eviscerated their Complaint. The defense then was awarded $68,238.62 in mandatory SLAPP fees, the full request, subject to augmentation for appellate fees if the merits order was affirmed or clawback if it was reversed. Later, plaintiffs’ appeal of the SLAPP grant on the merits was not successful, with the order affirmed. In appealing the fee motion, plaintiffs rehashed arguments on the merits order. Because the prior appellate opinion on the merits was law of the case, the 4/1 DCA affirmed the fee motion. But on its own, after allowing briefing and argument, the appellate court sanctioned plaintiffs’ lead counsel $13,000 for bringing a frivolous appeal of the fee award, payable to the court clerk. The defense did not seek sanctions, and plaintiffs themselves were not sanctioned because the substantial fee award was sufficient deterrence.