Cases: SLAPP

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

SLAPP: $102,699 In Appellate SLAPP Fees Affirmed On Appeal Against Losing In Pro Per Defendant/Cross-Complainant In Dispute With City Of Monrovia

Cases: SLAPP

Earlier, In Pro Per Litigant Hit With Trial SLAPP Fees Totaling $24,122.50.             City of Monrovia v. White, Case No. B282713 (2d Dist., Div. 2 Jan. 30, 2019) (unpublished) is quite a remarkable saga, showing how SLAPP fees against a losing litigant, especially against a losing litigant who also loses a subsequent appeal, can be

Appealability, SLAPP: Litigant’s Failure To Identify Fee Award In Notice Of Appeal Prevented Appellate Court From Entertaining The Challenge

Cases: Appealability, Cases: SLAPP

Appellate Court Did Note Split On Appealability Issue Which Was Unnecessary To Resolve.             A litigant only appealed a SLAPP ruling, never mentioning a fee award as also being challenged in the notice of appeal. That made it an easy call for the 2/8 DCA in Mostafavi v. Kingsley, Case No. B286081 (2d Dist., Div.

SLAPP: SLAPP Fee Award To Defendants—One Half Of Their Request—Was Proper

Cases: SLAPP

Various Challenges Did Not Prevail.             Defendants prevailed on their anti-SLAPP motion, which requires mandatory fees in the trial judge’s discretion. They asked for $44,656.73, but were awarded $22,000, but plaintiff still appealed in Lavi v. Cohen, Case Nos. B281352/B284653 (2d Dist., Div. 3 Oct. 31, 2018) (unpublished). They were not successful on appeal.            

SLAPP: Winning SLAPP Defendants’ $244,418.57 Fee Request Correctly Pared Down To $69,500 For The Final Fee Award

Cases: SLAPP

Fee Request Claimed High Hourly Rates And Inflated Work Requests.             By now, readers will know that winning defendants in SLAPP motions are entitled to a fee recovery. (Code Civ. Proc., § 425.16(c)(1).) Despite this entitlement, however, the fee request must be reasonable under the lodestar analysis, allowing a trial judge to deny entirely or

SLAPP, Special Fee Shifting Statute: Defendants Obtaining Dismissal of Civil Harassment Petition Entitled To Fee Recovery, But Trial Court Correctly Ruled Defendants Not Entitled To SLAPP Relief Such That Other Fee Work Could Not Be Recovered

Cases: SLAPP, Cases: Special Fee Shifting Statutes

Both Sides Appealed, But Trial Court’s Fee Recovery Orders Were Affirmed.             In Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 Aug. 30, 2018) (unpublished), defendants were awarded $40,000 in attorney’s fees based on defeating plaintiff’s civil harassment action but were denied additional fees based on the defense SLAPP motions because the lower

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