Cases: SLAPP

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             In Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 Aug. 30, 2018) (unpublished), defendants were awarded $40,000 in attorney’s fees based on defeating plaintiff’s civil harassment action but were denied additional fees based on the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 […]

SLAPP: Defense, Although Somewhat Raising Winning Argument Late In The Game, Was Entitled To SLAPP Winner Fees

Cases: SLAPP

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

SLAPP: Defendants Properly Awarded Discounted Fees Against SLAPP-ed Plaintiff And Properly Denied Fee Request Against Plaintiff’s Attorney

Cases: SLAPP

$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              In Boodaie v. Vosoghi, Case No. B280032 (2d Dist., Div. 8 July 2, 2018) (unpublished), plaintiff did not oppose a defense SLAPP motion.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

SLAPP: Plaintiff’s Failure To Oppose Fee Motion Below, Failure To Appeal Merits Determination Of SLAPP Motion, And Failure To Include An Adequate Record Doomed His Appeal Of SLAPP Fee Award

Cases: SLAPP

Result Was Affirmance Of Trial Court Award Of $16,289.11 In Fees/Costs For The Defense.             In Dellinger v. Harn, Case No. C082821 (3d Dist. June 28, 2018) (unpublished), plaintiff (a government relations and political consultant) earlier won a jury trial by which a jury said he did not have to return $10,000 paid to him

SLAPP: Attorney SLAPP Winner Providing Conflicting Testimony Denied SLAPP Fees Because Trial Judge Properly Was Worried About Inconsistencies In Testimony As To Amount Of Fees, Whether She Represented Herself, And Whether “Of Counsel” Colleague Was A

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

SLAPP, Substantiation Of Reasonableness Of Fees: 2/7 DCA Affirms SLAPP Fee Award To Defense Of $23,760 In Fees Out Of A $56,638 Request

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

California Case Again Highlights Differences In Substantiation Required In State Versus Federal Cases.             La Grange v. Ward, Case No. B280997 (2d Dist., Div. 7 May 9, 2018) (unpublished) is an abuse of discretion case regarding the reasonableness of a trial court’s fee award, but it also highlights the differences in fee substantiation required by

SLAPP:  “Of Counsel” To Successful SLAPP Attorney Defendants Was Barred From Seeking SLAPP Fee Recovery For Clients Under Trope Case

Cases: SLAPP

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,

SLAPP:  Order Denying Plaintiff’s Request For Fees After Defeating SLAPP Motion Is An Interlocutory, Nonappealabe Order

Cases: SLAPP

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

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