Cases: SLAPP

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 July 28, 2021) (unpublished) shows how fees awardable under the SLAPP statute can […]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June 10, 2021 post, we discussed Pasternack v. McCullough, Case No. B302137 (2d Dist., Div. 8 June 7, 2021) which was unpublished at the time.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             Corey v. Mudgett, Case No. D077532 (4th Dist., Div. 1 June 22, 2021) (unpublished) does not directly involve the appeal of an attorney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

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

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