Cases: SLAPP

SLAPP: 1/2 DCA Affirms Trial Court’s Attorney Fees Award To Successfully SLAPPing Defendant That Included A Reduction To The Hourly Rates Charged By His Counsel

Cases: SLAPP

No Abuse Of Discretion In Basing Lodestar On Local Sonoma County Counsel Rates Rather Than Major Metropolitan San Francisco Bay Area Rates When Defendant Did Not Demonstrate Impracticability Or Impossibility Of Hiring Local Counsel.             The only question before the 1/2 DCA in Gentile v. Cohodes, Case No. A161721 (1st Dist., Div. 2 October 25, […]

SLAPP: No Abuse Of Discretion Nor Improper Legal Analysis In Trial Court’s Separate Awards To Five Groups Of Successfully SLAPPing Defendants Totaling $280,098.15

Cases: SLAPP

Plaintiff’s Federal Claim Did Not Preempt SLAPP Fee Award Which Trial Court Reduced From Requested $516,548.13 After Considering Hours Reasonably Expended And Duplicative Efforts, And Plaintiff Demonstrated No Abuse Of Discretion.             In AWI Builders v. Alliant Consulting, Case Nos. B294662, B297189, B298699 and B300834 (2d Dist., Div. 4 October 22, 2021) (unpublished), a public

SLAPP: Award Of $9,800 In Attorney Fees, Pursuant to § 425.16(c)(1), To Prevailing Cross-Complainant Reversed On Appeal

Cases: SLAPP

Trial Court Made No Finding That SLAPP Motion Was Frivolous Or Filed Solely To Cause Unnecessary Delay             Code of Civil Procedure § 425.16(c)(1) entitles a plaintiff, or cross-complainant as the case may be, prevailing on an anti-SLAPP motion to recover costs and reasonable attorney’s fees if the court finds the anti-SLAPP motion to be

Probate, SLAPP: Trial Court SLAPPING Trustee/Joining Beneficiary’s Disinheritance (No Contest Clause) Petition Properly Granted $13,889 In SLAPP Fees Against Trustee/Joining Beneficiary In Their Individual Capacities

Cases: Probate, Cases: SLAPP

CCP § 1026 Was The Governing Costs Allocation Statute Regarding SLAPP Fee Award.             Although this case is must reading for probate practitioners on the scope of actions for which “no contest” clauses encompass, Cadena v. Vose, Case No. F080428 (5th Dist. July 28, 2021) (unpublished) shows how fees awardable under the SLAPP statute can

Lodestar, SLAPP, Special Fee Shifting Statutes: Pasternack Decision Now Published

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

Acceptance Of A Reduced Rate From Client Does Not Preclude Attorney From Seeking A Reasonable Hourly Rate Pursuant To The Lodestar Method.             In our June 10, 2021 post, we discussed Pasternack v. McCullough, Case No. B302137 (2d Dist., Div. 8 June 7, 2021) which was unpublished at the time.  Pasternack follows other California decisions

Retainer Agreements, SLAPP: Self-Represented Plaintiff’s Attempt To Obtain A Refund Of A $1,500 Retainer Fee Evolved Into Two Adverse Costs Awards Totaling $2,111.40 And A $15,600 Adverse Attorney Fees Award

Cases: Retainer Agreements, Cases: SLAPP

Plaintiff’s Initial Non-Binding Arbitration Win Of $1,325 Was Vacated In Superior Court, So Plaintiff Hired A Paralegal Years Later To Help Draft A Complaint That Ultimately Invited A Motion To Strike.             Corey v. Mudgett, Case No. D077532 (4th Dist., Div. 1 June 22, 2021) (unpublished) does not directly involve the appeal of an attorney

Celebrities, SLAPP: Jeff Bezos’ Girlfriend’s Brother Ordered To Pay $254,404 In SLAPP Fees To Mr. Bezos After Losing Defamation Suit

Cases: Celebrities, Cases: SLAPP

$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

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

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