Cases: SLAPP

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

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

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