Cases: SLAPP

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 June 28, 2018) (unpublished), plaintiff (a government relations and political consultant) earlier won a jury trial by which a jury said he did not have to return $10,000 paid to him […]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             Thomas v. Makovoz, Case No. B281322 (2d Dist., Div. 8 June 12, 2018) (unpublished) is a doozy of a case where inconsistencies in an attorney’s SLAPP fee submissions tanked efforts to obtain fee recovery after she won a defense SLAPP motion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             La Grange v. Ward, Case No. B280997 (2d Dist., Div. 7 May 9, 2018) (unpublished) is an abuse of discretion case regarding the reasonableness of a trial court’s fee award, but it also highlights the differences in fee substantiation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

SLAPP:  $16,396 SLAPP Fee Award To Prevailing Defendant Was No Abuse Of Discretion

Cases: SLAPP

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

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