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., […]
Defense Smartly Stipulated To Reduce Fee Request By $10,000 During The Course Of Events. Shalant v. Mackston, Case No. B271189 (2d Dist., Div. 8 Oct. 10, 2017) (unpublished) is a case where a trial judge granted the defense appellate fees of $96,420 for defending a SLAPP victory. The decision is worth posting on because
Losing Plaintiff Waived Trope Argument And Lack Of Hearing Reporter’s Transcript Failed To Preserve Challenge To Amount Of Fee Award. In Rianda v. Foster, Case No. B271773 (2d Dist., Div. 1 Sept. 21, 2017) (unpublished), winning SLAPP defendant was awarded mandatory attorney’s fees of $37,568 after a highly contested fee proceeding where the trial
Case Involved JAMS Neutral John Trotter’s Mediation Activities, Which Were Successfully SLAPPed. In Chodosh v. Trotter, Case Nos. D070952/D070953 (4th Dist., Div. 1 Sept. 13, 2017) (unpublished), plaintiffs sued JAMS neutral John Trotter (a retired jurist from Orange County) based on alleged misconduct during a mediation. A defense SLAPP motion was granted based on
$42,500 In Fees And $2,842 In Costs Was The Total Award. According to a recent Associated Press article, a California state court judge earlier this year ordered U.S. Rep. Darrell Issa to pay $42,500 in attorney’s fees and $2,842 in costs for obtaining dismissal through a SLAPP motion of Rep. Issa’s defamation action against
Defendant SLAPP Winner Awarded Full Amount Of Request, Waiving Supplemental Request Based On Actions Below. In Jaguar Land Rover North America, LLC v. Kasparian, Case No. B260613 (2d Dist., Div. 3 Aug. 31, 2017) (unpublished), a defendant successfully won a SLAPP action and was awarded $4,027.50 in fees, the exact amount requested. However, even
Hourly Rates Were Reasonable, And 28% Reduction Cemented The Conclusion. In Ellis v. Mercury Ins. Co., Case No. E064749 (4th Dist., Div. 2 April 14, 2017) (unpublished), plaintiff lost a SLAPP motion and then lost an appeal of the SLAPP merits loss. The lower court then awarded the defendant insurance company $8,797.50
California Supreme Court Decides Any Other Interpretation Would Gut SLAPP Policies. The California Supreme Court, in Barry v. State Bar of California, Case No. S214058 (Cal. Supreme Court Jan. 5, 2017), confronted the issue of whether a prevailing defendant (the State Bar) was entitled to an award of attorney’s fees and costs when
Word To The Wise—Both Losing Plaintiff And Plaintiff’s Counsel Should Appeal The Sanctions Award. The Inland Oversight Comm. v. Yates, Case No. E064787 (4th Dist., Div. 2 Dec. 8, 2016) (unpublished) is a decision having a good cautionary lesson for a nonprevailing plaintiff and its counsel when plaintiff’s attorney is hit with CCP
$152,529.95 Fee Request Slashed Down To $30,752.86 Through Actual Fee Order. On May 20, 2016 and June 20, 2016, we posted on a case which was later accepted for rehearing by the same appellate panel. The opinion upon rehearing is now out in 569 East County Blvd. LLC v. Backcountry Against The Drop,
