Cases: SLAPP

SLAPP: Appellate Court Reversal Of SLAPP Denial Of Attorney’s Motion Based On Representing Her Clients On A Settlement Payment Dispute Required A Remand To Determine Fees And Costs To Be Awarded To Attorney

Cases: SLAPP

Attorneys Should Have Latitude To Represent Clients In Settlement Activities Without Fear Of Suits By Third Parties, Including the Beneficiary of the Settlement Funds.                In Ramirez v. McCormack, Case No. B340986 (2d Dist., Div. 8 Aug. 8, 2025) (published), the appellate court vindicated that attorneys representing their clients in a settlement agreement generally do […]

Homeowner Associations, SLAPP: $6,300 SLAPP Fee Award In HOA’s Favor Affirmed On Appeal

Cases: Homeowner Associations, Cases: SLAPP

Main Reason Is That Homeowner Did Not Oppose the Fee Request, So Waiver Occurred.                In Trabuco Highlands Community Assn. v. Loeffler, Case No. G063862 (4th Dist., Div. 3 July 1, 2025) (unpublished), HOA SLAPPed a state collection statutory action brought by a homeowner, with the lower court awarding mandatory SLAPP fees of $6,300 to

SLAPP: $14,037.27 SLAPP Fees/Costs Award Reversed And Remanded Because Appellate Court Found One Claim Should Not Be Granted

Cases: SLAPP

Trial And Appellate Fees/Costs Remanded To The Trial Court, Given Cross-Defendants’ Partial Success.                Wald v. Martin, Case Nos. B335960 et al. (2d Dist., Div. 6 June 16, 2025) (unpublished), illustrates how a partial reversal of a SLAPP grant generally leads to a reversal and remand of the subsequent fees/costs award to a prevailing defendant

Sanctions, SLAPP: Plaintiff Losing A SLAPP Motion On A Cross-Complaint Was Properly Not Granted 128.7 Sanctions For A Mistaken Payment Statement

Cases: Sanctions, Cases: SLAPP

Cross-Complainants Did Fess Up To The Problem, With The Lack Of A Reporter’s Transcript Of The Sanctions Hearing Further Showing No Abuse Of Discretion In The Denial Of The Sanctions Request.                Although we take the cases as we find them for posting purposes, the next one was a dispute over an apparent snafu in

SLAPP: Lower Court Did Not Abuse Its Discretion In Denying Plaintiffs’ Request For Attorney Fees Based On The Theory The Defense Motion Was Frivolous

Cases: SLAPP

Multiple Grounds Supported The Fee Denial.                By now, followers of our blog know that plaintiffs can request fees for denial of a defense anti-SLAPP motion if the lower court believes that the defense motion was frivolous under CCP § 128.5 standards.  In ANE Holdings, LLC v. Purity Preserved, LLC, Case No. D083065 (4th Dist.,

Ethics, SLAPP: Fees Award, After Previous SLAPP Grant Reversal, Had To Be Reversed

Cases: Ethics, Cases: SLAPP

… But Plaintiff’s Uncivil Remarks In Appellate Briefing Led The Court Of Appeal To Deny It Costs On Appeal.                Incivility is a recurring theme by trial and appellate courts.  This opinion is one that, yet again, reinforces that attorneys should refrain from making attacks against opposing counsel and the trial judge.                In WasteXperts,

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