Cases: SLAPP

Lodestar, SLAPP, Special Fee Shifting Statutes: 2/8 DCA Affirms Fee Award To Prevailing SLAPPing Defendant That Was Greater Than The Fees Paid For Defense By His Insurer

Cases: Lodestar, Cases: SLAPP, Cases: Special Fee Shifting Statutes

An Attorney Accepting A Reduced Rate From A Client Is Not Precluded From Seeking A Reasonable Hourly Rate Pursuant To The Lodestar Method.             In Pasternack v. McCullough, Case No. B302137 (2d Dist., Div. 8 June 7, 2021) (unpublished), prevailing defendant on a special motion to strike was awarded $146,010 out of his requested $330,420 […]

In the News, SLAPP: Rep. Maxine Waters Awarded $53,590 In SLAPP Fees/Costs For Defending Herself In A Defamation Suit Against Political Foe Joe E. Collins III

Cases: SLAPP, In The News

SLAPP Fee/Costs Request Was Reasonable, Rejecting That Under $30,000 Should Be Awarded.             On May 27, 2021, a Los Angeles County Superior Court judge ruled that Rep. Maxine Waters should be awarded $53,590 in attorney’s fees and costs under a mandatory SLAPP fee-shifting provision for SLAPP-ing a defamation action brought against her by political foe

SLAPP, Substantiation Of Reasonableness Of Fees: Trial Court Properly Granted Landlord Defendant’s Anti-SLAPP Motion Against All Of Tenant’s Causes Of Action And Did Not Abuse Discretion In Awarding Landlord $4,890 In Fees And Costs.

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

All Of Tenant’s Claims Stemmed From Protected Activity Pursuant To Litigation Privilege.             Tenant sued landlord – claiming the content and service of a 3-Day Notice to Cure constituted breaches of covenants of good faith and fair dealing, quiet enjoyment, were defamatory, and interfered with the contractual and economic relationship between tenant and tenant’s domestic

SLAPP: $38,550 Attorney’s Fees Award And $2,498.55 Costs Award Against Plaintiff Dismissing Complaint Before SLAPP Motion Hearing Was Affirmed On Appeal

Cases: SLAPP

Test Is Whether The SLAPP Motion Would Have Been Granted Prior To Dismissal.             We have run into this issue before.  A plaintiff dismisses his/her case before a SLAPP motion is heard.  Does that preempt a mandatory SLAPP fees motion?  Answer:  Not at all, according to the next case—the lower court must determine if the

Sanctions, SLAPP: $8,734.24 Mandatory SLAPP Fee Award Affirmed, But The $16,178.35 Sanctions Award Against Plaintiff And His Trial Attorney Reversed

Cases: Sanctions, Cases: SLAPP

Safe Harbor Provision Was Not Complied With.             Despite the conclusion that plaintiff’s complaint was totally frivolous in nature (agreeing with a lower court’s assessment to the same effect), a Second District panel reversed a $16,178.35 sanctions award against plaintiff and his trial attorney, under CCP §§ 128.5 and 128.7, based on not satisfying the

Celebrities, SLAPP: Former U.S. Rep. Katie Hill Ordered To Pay SLAPP Fees Of A Little Under $30,000 To Talk Show Host Joseph Messina

Cases: Celebrities, Cases: SLAPP

Fees Resulted After She dismissed A Revenge Porn Lawsuit Against Mr. Messina.             Recently, L.A. Superior Court Judge Yolanda Orozco decided that former U.S. Representative Katie Hill must pay former defendant Joe Messina, a radio talk show host, $29,905 in attorney’s fees under the SLAPP fee shifting provision after she dismissed him from her revenge

SLAPP: $500 Contractual Fee Cap In Contractual Fees Clause Did Not Govern Recovery To Prevailing SLAPP Party

Cases: SLAPP

No Authority Cited To Engraft Contract Principle Into SLAPP Recovery.             We do have to hand it to the non-prevailing party on a SLAPP motion for creativity.  In Ricketts v. Integrity Property Management, Case No. B302685 (2d Dist., Div. 5 Apr. 27, 2021) (unpublished), a non-prevailing SLAPP litigant argued that mandatory SLAPP fees were “capped”

Employment, SLAPP: Reversal Of Defendant’s Successful SLAPP Motion Necessitated Reversal Of Defendant’s $44,800 § 425.16(c)(1) Attorney Fees Award.

Cases: Employment, Cases: SLAPP

The Protected Activity Claimed By Defendant Supported Only An Element Of Plaintiff’s Causes Of Action, But Did Not Subject Those Causes Of Action To A Challenge Under Code Civ. Proc. § 425.16.             In Verceles v. Los Angeles Unified School Dist., Case No. B303182 (2d Dist., Div. 7 April 19, 2021) (unpublished), FEHA plaintiff

In The News, SLAPP. . . . Carlsbad Councilwoman Cori Schumacher Ordered To Pay $47,191 To Two Prevailing Defendants When Her Social Media Civil Harassment Petition Was Dismissed Via A SLAPP Motion

Cases: SLAPP, In The News

Earlier, She Was Ordered To Pay $2,625 In Fees To A Third Prevailing Defendant.             Carlsbad Councilwoman Cori Schumacher, a former surfing champion, brought a civil harassment claim against Anthony Bona, Noel Breen, and Larry Posner for their outspoken criticism of her on social media.  Unfortunately, her petition was dismissed as to Mr. Posner in

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