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 In Contreras v. Contreras, Case No. G056710 (4th Dist., Div. 3 June 25, 2019) (unpublished), a plaintiff dismissed a slander title cause of action while a SLAPP motion was pending although the trial court would […]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
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
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
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.
