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 City of Monrovia v. White, Case No. B282713 (2d Dist., Div. 2 Jan. 30, 2019) (unpublished) is quite a remarkable saga, showing how SLAPP fees against a losing litigant, especially against a losing litigant who also loses a subsequent appeal, can be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.
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 B281352/B284653 (2d Dist., Div. 3 Oct. 31, 2018) (unpublished).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.
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
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 In Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 Aug. 30, 2018) (unpublished), defendants were awarded $40,000 in attorney’s fees based on defeating plaintiff’s civil harassment action but were denied additional fees based on the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
On Remand, Lower Court Will Have To Carefully Gauge Whether Defendant Prevailed Given That It Only Eliminated One Factual Basis For Liability, But No Cross-Claims Were Eliminated In Entirety. Anaheim Arena Management, LLC v. Wergechik, Case No. G054463 (4th Dist., Div. 3 Aug. 20, 2018; received for posting Aug. 21, 2018) (unpublished) was a
However, Trial judge Was Right In Reducing $50,295 Fee Request Down To $33,759.28. By now, our readers know that SLAPP defendants are entitled to mandatory attorney’s fee awards. However, there is an important “but.” That “but” is that the defense requested fees must be reasonable, with a large amount of discretion imbued to the
$14,000 Fee Award Against Plaintiff Affirmed, But Denial Of Fee Award Against Plaintiff’s Attorney Affirmed Also. In Boodaie v. Vosoghi, Case No. B280032 (2d Dist., Div. 8 July 2, 2018) (unpublished), plaintiff did not oppose a defense SLAPP motion. Plaintiff appealed a subsequent fee award of $14,000 (out of a requested $20,475) on the
