Appellate Court Did Note Split On Appealability Issue Which Was Unnecessary To Resolve.
A litigant only appealed a SLAPP ruling, never mentioning a fee award as also being challenged in the notice of appeal. That made it an easy call for the 2/8 DCA in Mostafavi v. Kingsley, Case No. B286081 (2d Dist., Div. 8 Dec. 17, 2018) (unpublished), which found it did not have jurisdiction to entertain the challenge given no appeal from the fee ruling. The appellate court, in a footnote, did note a split in opinion on an appealability issue: “Whether an order awarding attorney fees incurred in connection with a partially-successful anti-SLAPP motion is directly appealable is unsettled. (Compare Doe v. Luster (2006) 145 Cal.App.4th 139, 145–146 [interlocutory order denying or awarding attorney fees is not immediately appealable] with Baharian-Mehr v. Smith (2010) 189 Cal.App.4th 265, 275 [‘it would be absurd to defer the issue of attorney fees until a future date, resulting in the probable waste of judicial resources’] and City of Colton v. Singletary (2012) 206 Cal.App.4th 751, 781 [reviewing pre-judgment attorney fees order under the collateral order doctrine].)” However, it was unnecessary to confront this split given the fee award was not mentioned in the notice of appeal.