$1.7 Million In Fees Had Been Requested. Michael Sanchez, a Hollywood talent agent and the brother of Lauren Sanchez (Lauren is Amazon’s Jeff Bezos’s girlfriend), sued Mr. Bezos for defamation arising from allegations that he leaked nude photos of Mr. Bezos to the press. A Los Angeles County Superior Court judge dismissed the […]
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 In Pasternack v. McCullough, Case No. B302137 (2d Dist., Div. 8 June 7, 2021) (unpublished), prevailing defendant on a special motion to strike was awarded $146,010 out of his requested $330,420
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
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
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
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
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
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”
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
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
