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 GBR Magic Sands MHP, LLC v. Pecoraro, Case No. H044936 (6th Dist., Sept. 26, 2019) (unpublished) involves a dispute among family […]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 In Residual Income Opportunities, Inc. v. Cynergy Data, LLC, Case No. B289219 (2d Dist., Div. 3 Aug. 29, 2019) (unpublished), the defense won a SLAPP motion, filing for recovery of costs to the tune of $3,567.77 and moving for attorney’s fees totaling
Appellate Court Had No Problem With $9,000 SLAPP Request For 24 Hours Of Work. Just to show you that abuse of discretion is not an unlimited deferential standard of review, we post on Kohanbash v. Specialty Baking, Inc., Case No. B283117 (2d Dist., Div. 1 July 1, 2019) (unpublished). What happened in this case
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 In Contreras v. Contreras, Case No. G056710 (4th Dist., Div. 3 June 25, 2019) (unpublished), a plaintiff dismissed a slander title cause of action while a SLAPP motion was pending although the trial court would
$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 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.
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
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
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
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
