Cases: SLAPP

Costs, Deadlines, Reasonableness Of Fees, SLAPP: 2/3 DCA Affirms SLAPP Fee Award To Defendant Of $53,915.50, The Full Defense Request, Rejecting Untimely Motion Filing Argument

Cases: Costs, Cases: Deadlines, Cases: Reasonableness of Fees, Cases: SLAPP

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        In Residual Income Opportunities, Inc. v. Cynergy Data, LLC, Case No. B289219 (2d Dist., Div. 3 Aug. 29, 2019) (unpublished), the defense won a SLAPP motion, filing for recovery of costs to the tune of $3,567.77 and moving for attorney’s fees totaling […]

SLAPP: Defendant Was Entitled To Mandatory Attorney’s Fees Under SLAPP Statute Despite Voluntary Dismissal By Plaintiff

Cases: SLAPP

Trial Court Would Have Granted SLAPP Prior To Dismiss, Such That Amendment Nuanced Argument Did Not Change The Result.             In Contreras v. Contreras, Case No. G056710 (4th Dist., Div. 3 June 25, 2019) (unpublished), a plaintiff dismissed a slander title cause of action while a SLAPP motion was pending although the trial court would

SLAPP: Real Parties In Interest In A Development Project Case Have A Stake To SLAPP, With Their Motion Not Frivolous And Requiring A Reversal Of Fees In Favor Of Petitioners

Cases: SLAPP

$28,795.70 In Fees Went Away Because SLAPP Motion Was Not Frivolous.             In Rudisill v. California Coastal Commission (Xingyun, LLC), Case No. B289179 (2d Dist., Div. 2 June 5, 2019) (published), Real Parties were interested in a development project in Venice brought by certain petitioners against the Coastal Commission and City of Los Angeles.  Real

SLAPP: $352,736.14 SLAPP Fee Award In Favor Of Certain Defendants Affirmed On Appeal

Cases: SLAPP

SLAPP Fee Motion Entertainable During Appeal Of Merits SLAPP Grant.            Plaintiff, a political cartoonist and blogger, sued certain defendants for certain tort claims (including defamation), with defendants successfully SLAPP-ing the case, which carries mandatory fee recovery. Although plaintiff appealed the merits in an earlier appeal, the appellate court concluded that the SLAPP grant was successful.

Appeals Sanctions, SLAPP: After Affirming SLAPP Denial, Appellate Court Granted Frivolous Appeal Sanctions To Prevailing SLAPP Litigant As Well As Costs To Clerk For Working On The Appeal

Cases: Appeal Sanctions, Cases: SLAPP

Sanctions Award Mooted Any Need For Trial Court To Consider Appellate Fees For The Frivolous SLAPP Motion.             Workman v. Colichman, Case No. B285945 (2d Dist., Div. 4 April 2, 2019) (published) (posted April 3, 2019) is an interesting study in how an appellate court will attempt to avoid remand proceedings where a result is

Preemption, SLAPP: Cartwright Act’s Unilateral Fee-Shifting Provision In Favor Of Prevailing Plaintiffs Did Not Override SLAPP Fee-Shifting In Favor Of Partially Prevailing Defendants

Cases: Preemption, Cases: SLAPP

No Implied Override Was Found Appropriate By Appellate Court.             Plaintiff brought a Cartwright Act lawsuit against 11 defendants, some of whom were partially successful on anti-SLAPP motions—with the SLAPP statute allowing for mandatory fee awards to prevailing defendants. The rub here was that the Cartwright Act only has a unilateral fee-shifting provision in favor

Homeowner Associations, Prevailing Party, SLAPP, Substantiation Of Reasonableness Of Fees: No Abuse of Discretion In Awarding Prevailing Plaintiff $114,990.75 In Lawsuit Against Homeowners Association

Cases: Homeowner Associations, Cases: Prevailing Party, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Condominium Owner Plaintiff Wisely Sought Fees Only For The Claims On Which She Prevailed Against Association             The Broadway Hollywood is a 10-story historical building on the corner of Hollywood and Vine. It was constructed in 1927 and originally used as a store. However, the building was abandoned in 1987 and remained vacant for

SLAPP: Partial Reversal Of Trial Court’s Denial SLAPPing Defendants’ Motion Means Defendants Will Be Entitled To Mandatory Fees On Remand

Cases: SLAPP

Because They Did Not Achieve A Total Win On Their SLAPP Motion, Defendants Will Be Entitled Only To Fees That Relate To The Successful Portions Of Their Motion         A professor in California State University’s Department of Counselor Education received a report from one of his students that the then-Chair of the Department had sexually

SLAPP: Appellate Court Does Not Determine If SLAPP Motion Itself Is Frivolous, Because That Is The Trial Court’s Job

Cases: SLAPP

SLAPP Denial Reversed And No Appellate Sanctions Were Warranted.             This next case involves a lawsuit brought by Glenn Symmonds, a drummer who was terminated by Edward Joseph Mahoney, aka Eddie Money, a singer and songwriter who performs in concerts across the country. Symmonds sued Eddie and his entertainment company, prompting a SLAPP motion which

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