Cases: SLAPP

Case Highlights That Inconsistencies In Declaration Testimony Can Doom A Law-And-Motion Proceeding Request.             Thomas v. Makovoz, Case No. B281322 (2d Dist., Div. 8 June 12, 2018) (unpublished) is a doozy of a case where inconsistencies in an attorney’s SLAPP fee submissions tanked efforts to obtain fee recovery after she won a defense SLAPP motion with […]

Failure To Provide Adequate Record In The Form Of Fee Hearing Transcript And Subsequent Minute Order Was Fatal.             We have posted many, many times about the necessity for an adequate record when one perfects an appeal. If you do not, you cannot get beyond the batter’s box if the appellate court is the analogy

4/1 DCA Accepted Rationale In Sands Decision.             Trope v. Katz, 11 Cal.4th 274, 277 (1995), our Leading Case No. 12, bars an attorney’s ability to recover for self-representation under Civil Code section 1717, which has also been extended to the SLAPP context.  (See, e.g., Ellis Law Group v. Nevada City Sugar Loaf Properties, LLC,

2/7 DCA Followed Its Earlier Conclusion in Doe v. Luster, Departing Opposite Conclusion By 4/3 And 2/3 DCA Panels.             Defendant lost a SLAPP motion, but the trial court refused to award plaintiff attorney’s fees because it did not believe the motion to be frivolous.  Both sides appealed in Hirschfield v. Cohen, Case No. B267706

Lower Negotiated Hourly Rate Helped Salt Reasonableness Of Fee Award.             In Montoya v. Belk, Case No. D072275 (4th Dist., Div. 1 Mar. 23, 2018) (unpublished), defendant won a SLAPP motion and then sought $20,108 in mandatory “reasonable” fees, with the trial judge awarding $16,396 instead.   On appeal, plaintiffs challenged this as an abuse of

Claimed Hourly Rate Was Excessive As Well As The Request For Total Fee Recovery.             In Pecot v. Wong, Case No. A139566 (1st Dist., Div. 4 Jan. 18, 2018) (unpublished), defendants successfully moved to SLAPP six out of causes of action, then moving for mandatory attorney’s fees under CCP § 425.16.  Defendants sought nearly $200,000

Claimed Hourly Rate Was Excessive As Well As The Request For Total Fee Recovery.             In Pecot v. Wong, Case No. A139566 (1st Dist., Div. 4 Jan. 18, 2018) (unpublished), defendants successfully moved to SLAPP six out of causes of action, then moving for mandatory attorney’s fees under CCP § 425.16.  Defendants sought nearly $200,000

However, Fees Might Have To Be Allocated.             In Area 51 Production, Inc. v. City of Alameda, Case No. A144645 (1st Dist., Div. 4 Jan. 16, 2018) (unpublished), SLAPP defendants had their motions denied at the trial level but either won across the board or had partial victories in the appellate court, which decided the

Winning Defendant Requested $242,585, But Only Awarded $61,250.             A big theme of our blog is that fee recovery is with rare exceptions limited to reasonable fees, even where there is mandatory fee entitlement under statutes like SLAPP (in favor of victorious defendants).  D and S Homes, Inc. v. Ludlow, Case No. B276116 (2d Dist.,