Trial Judge Showed Discretion By Reducing Down The Fee Request Of $5,265 Based On The Hours Requested. In Olson v. Sardi, Case No. E071991 (4th Dist., Div. 2 Apr. 30, 2020) (unpublished), defendant successfully won a SLAPP motion based on a negative review of plaintiff for counseling services to his son, with the review […]
Plaintiff CEO Was Unable To Prove His Claim Against Employee And His Counsel For Their Efforts To Add Him As Judgment Debtor To Underlying Lawsuit Stemmed From Malicious Prosecution As Opposed To Protected Activity. Khanna v. Sonasoft Corp. – from our July 13, 2016 and October 15, 2019 posts – is the underlying
Determination Of Frivolousness Of SLAPP Motion Is Within Discretion Of Trial Court, But 2/1 DCA’s Partial Reversal Of Trial Court’s Denial Was Further Evidence That SLAPP Motion Was Not Frivolous. In Oldman v. Bates, Case No. B296539 (2d Dist., Div. 1 March 27, 2020) (unpublished), Kurt Oldman and Dieter Hartmann were hired by
A “Re-Do” Was In Order Here. SLAPP cross-defendants likely were pleased when a trial judge granted a SLAPP motion, followed by a $31,990 fee award based on the mandatory SLAPP fee-shifting statute. Well, the result was tarnished a bit based on the appellate court’s decision in Sarao v. Barker, Case Nos. B294816/B296391 (2d Dist.,
Also, Plaintiff In One Matter Was Not Entitled to Fees For Frivolous SLAPP Motion Where Defendant Partially Prevailed By Knocking Out Allegations. 1. Spencer v. Sinclair, Case No. C082485 (3d Dist. Dec. 23, 2019) (unpublished): One defendant won a SLAPP motion, requesting $51,196 in mandatory attorney’s fees (with reasonableness of the amount requested
Defendants Had Sought $50,190. In Breeze v. Baer, Case Nos. D073898/D074381 (4th Dist., Div. 1 Dec. 12, 2019) (unpublished), defendants won a SLAPP motion—affirmed on appeal—and a subsequent fee award of $44,890 (out of a requested $50,190). The fee award was affirmed on appeal, too. Appellant challenged the hourly rates as excessive and argued
However, As Against One Defendant, SLAPP Fees Not Allowable On Plaintiff’s Intentional Infliction Of Emotion Distress Claim. In Astre v. McQuaid, Case No. A154945 (1st Dist., Div. 2 Oct. 31, 2019) (unpublished), defendants filed a SLAPP motion against plaintiff’s state court complaint, with plaintiff choosing to voluntarily dismiss it without prejudice and seeking relief
Plaintiff Real Estate Developer Failed To Provide The 4th District With Any Evidence That The Award Was Excessive Or Biased. In SCPB Holdings v. Taggett, Case No. D074991 (4th Dist., Div. 1 October 25, 2019) (unpublished), plaintiff real estate developer sued defendant and others for contractual interference and defamation, among other claims, after a
Sixth District Determined Cause Of Action Was Not Properly SLAPPed Because It Was Triggered By A Dispute That Arose In The Aftermath Of Previous Litigation, Not The Conduct In The Prior Litigation. GBR Magic Sands MHP, LLC v. Pecoraro, Case No. H044936 (6th Dist., Sept. 26, 2019) (unpublished) involves a dispute among family
However, Costs Award Reversed Because It Was Untimely Filed And Prejudiced Plaintiff. In Residual Income Opportunities, Inc. v. Cynergy Data, LLC, Case No. B289219 (2d Dist., Div. 3 Aug. 29, 2019) (unpublished), the defense won a SLAPP motion, filing for recovery of costs to the tune of $3,567.77 and moving for attorney’s fees totaling
