Cases: SLAPP

Judgment Enforcement, SLAPP: Lower Court Did Not Err In Granting Only Minimal Postjudgment Fees/Costs Of $735 To Winning SLAPP Defendant Where Plaintiff Interpled $22,000 As An Undertaking To Secure Underlying Trial-Level SLAPP Fee Award

Cases: Judgment Enforcement, Cases: SLAPP

Requested Fees/Costs Of Almost $6,700 Were Not Reasonable Or Necessary Under CCP § 685.040.             In Padilla III v. Jakubaitis, Case No. G057424 (4th Dist., Div. 3 June 30, 2020) (unpublished), a SLAPP defendant successfully had stricken one cause of action, with the trial court awarding it about $14,300 in mandatory fees/costs.  While things were […]

SLAPP: No Abuse Of Discretion Where Trial Court Awarded Each Of Three Successful SLAPPing Defendants Separate Attorneys’ Fees.

Cases: SLAPP

Plaintiffs’ Claims of Duplicative Efforts, Excessive Hourly Rates, And Inefficiencies Were Not Supported By The Record.             In Truong v. Philhower, Case Nos. GO55054 et al. (4th Dist., Div. 3 June 26, 2020) (unpublished), two plaintiffs asserted separately up to ten claims against each of three defendants for malicious prosecution.  These nearly sixty claims

SLAPP: Combined Total Of $45,899.67 In Trial And Appellate Attorney Fees And Costs Against Successfully SLAPPed Plaintiff Affirmed On Appeal

Cases: SLAPP

Plaintiff Now Facing A Third Round Of Fees From Second Unsuccessful Appeal.             After settling a case brought against his company by a former employee, plaintiff in Uziel v. Employment Lawyers Group, Case No. B299226 (2d Dist., Div. 4 June 26, 2020) (unpublished), filed a lawsuit claiming misconduct against defendant law firm that had

SLAPP: Large L.A. Firm Defense Attorneys Winning SLAPP Motion In Defamation Case Are Seeking $323,965 In Fees And $9,706.28 In Costs

Cases: SLAPP

Reasonableness Of Fees Request Will Be The Big Issue.             In Herring Networks, Inc. v. Rachel Maddow, et al., Case No. 3:19-cv-01713-BAS-AHG (S.D. Cal.), defendants won a SLAPP motion in a defamation case based on certain comments being protected opinions.  Now, the defense—guided by Los Angeles-based Gibson Dunn— is seeking mandatory attorney’s fees of $323,965

SLAPP: Winning SLAPP Plaintiff Seeking Attorney’s Fees For A Frivolous SLAPP Motion Did Not Have To Comply With 21-Day Safe Harbor Notice Requirement Of CCP §128.5

Cases: SLAPP

4/2 DCA Opinion Counsels That A Plaintiff In This Situation To Ask For Attorney’s Fees In The Opposition To The SLAPP Motion.             For readers of our blog, you probably know by now that a plaintiff defeating a frivolous SLAPP motion can be awarded reasonable attorney’s fees if the frivolity standards of CCP §128.5 are

SLAPP: $33,621 SLAPP Fee Award Affirmed On Appeal

Cases: SLAPP

Defense Request Of $448,745 Was Rejected By Lower Court, Which Defense Did Not Object To On Appeal.             Just to tell ya, Newport Harbor Offices & Marina, LLC v. Morris Cerullo World Evangelism, Case Nos. G056117/G056511 (4th Dist., Div. 3 May 19, 2020 (unpublished) is a long-standing battle with many appeals.  Defendants won a SLAPP

Homeowner Associations, SLAPP: $2,510 SLAPP Fee Award Affirmed Because No Opposition Filed At Trial Level

Cases: Homeowner Associations, Cases: SLAPP

Fifth District Did Not Have To Decide If Indigency Of Plaintiff, An Argument Not Raised Before The Trial Judge, Could Justify A Fee Reduction Under SLAPP Fee Statute.             The plaintiff/appellant in Cruz v. Abdelaziz, Case No. F077506 (5th Dist. May 6, 2020) (unpublished) got SLAPPed and then failed to file an opposition to a

Appeal Sanctions, SLAPP: $21,870.09 In Appellate SLAPP Fees Affirmed Where Prevailing Defendant Obtained Dismissal Of A SLAPP Merits Appeal For Being Untimely

Cases: Appeal Sanctions, Cases: SLAPP

Appellate Court Also Sanctioned Appellant’s Attorney For Relying On Unpublished DCA Opinions.             Westreich v. Higa, Case No. B293726 (2d Dist., Div. 5 May 5, 2020) (unpublished) has two big warnings for attorneys arguing before California appellate courts:  make sure you have a reporter’s transcript in the appellate record when you are challenging the amount

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