The Reason Is That Attorney’s Fees Were In Play If The SLAPP Denial Was Reversed, As It Was.
Watkins v. D’Orio, Case No. B310902 (2d Dist., Div. 2 Sept. 14, 2022) (unpublished) involved a situation where cross-defendant appealed the denial of an anti-SLAPP as to certain cross-claims and, during the pendency of the appeal, cross-complainant voluntarily dismissed the cross-complaint. Cross-complainant argued that this dismissal mooted the appeal, but the appellate court disagreed. Guess why? If you said that a successful appeal would not be moot because cross-defendant could move for mandatory attorney’s fees if a reversal occurred, then you answered correctly. Well, that is what happened—the SLAPP denial was reversed with instructions to reinstate the cross-complaint, grant the SLAPP motion, and strike the cross-complaint. Cross-defendant was awarded appellate costs and will have a chance to move for fees before the lower court in the future.