Cases: SLAPP

SLAPP, Sanctions: $73,405 Fees And $1,351 Costs Awards Affirmed In Favor Of Plaintiff Where Defendant Made A Frivolous SLAPP Motion

Cases: Sanctions, Cases: SLAPP

Appellate Court Agreed That Plaintiff Did Not Have An Opportunity To Comply With CCP § 128.5 Safe Harbor Sanctions Provision, But Indicated It Should Be Followed Absent Exceptional Circumstances.                In Chang v. Brooks, Case Nos. B320278 et al. (2d Dist., Div. 3 Mar. 14, 2025) (unpublished), defendant’s SLAPP motion was determined to be properly […]

SLAPP: Seven Defendants Properly Awarded $683,417.50 In SLAPP Fees And Costs

Cases: SLAPP

However, They Did Not Get Their Request of $1.9 Million In Fees.                In Six4Three, LLC v. Facebook, Inc., Case Nos. A166007/A167416 (1st Dist., Div. 4 Mar. 12, 2025) (published), seven defendants prosecuted a prior appeal which resulted in the lower court’s granting of SLAPP motions and the later awarding of $683,417.50 in fees and

SLAPP: Where Appellate Court Only Did A Modest Reversal Of SLAPP Grant, Lower Court’s Award Of Attorney’s Fees To Defendant Was Proper

Cases: SLAPP

Given The Enormous Successful By The Defense On The SLAPP Motion, No Need To Reverse The Fees Award On Appeal.                Many practitioners are familiar with the general principle that the reversal of a merits judgment many times will result in reversal of a fees award, because the degree of success needs to be figured

SLAPP: Frivolous SLAPP Motion Exposed Plaintiff To $81,193.45 Attorney’s Fees

Cases: SLAPP

The Fee Award Was In An Unspecified, Reduced Amount.                Helix Media LLC v. Clark, Case No. B332861 (2d Dist., Div. 4 Jan. 23, 2025) (unpublished) reminds plaintiffs to be prudent in bringing SLAPP motions; plaintiff in the case had a SLAPP motion declared frivolous, resulting in a reduced attorney’s fees award of $81,193.45.

Appealability, SLAPP: Defense Appeal Of Fee Award After SLAPP Merits Decided, Claiming More Fees Should Have Been Awarded, Was From A Non-appealable, Interlocutory Order

Cases: Appealability, Cases: SLAPP

Appeal Was Dismissed.                The defense in Ali v. Dignity Health, Case No. B331058 (2d Dist., Div. 5 Dec. 31, 2024) (unpublished) won some aspects of a SLAPP motion and was granted some mandatory fees, but the defense appealed and claimed that the SLAPP motion should have been granted in entirety and more fees awarded. 

SLAPP: Even Where Prevailing Defendant Had No Personal Obligations To Pay Fees To Counsel, $14,850 SLAPP Fee Award Was Still Allowable Under California Law

Cases: SLAPP

Also, Trial Judge Did Reduce The $23,650 Fee Ask Down To $14,850.                Plaintiff lost a defamation action based on defendant’s successful anti-SLAPP motion, with the lower court awarding mandatory fees of $14,850 (which was lower than the $23,650 “ask” of the defendant).  The award was affirmed on appeal in Tye v. Papp, Case No.

Reasonableness Of Fees, SLAPP, Substantiation Of Reasonableness Of Fees: Successful SLAPPing Defendant Entitled To An Award Of $48,790 In Fees And $1,574.60 In Costs

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Winning Defendant Did Something Smart:  After SLAPP Motion Granted, Offered To Stipulate To A Much Lower Fees And Costs Award, Rejected By Plaintiff.                When it comes to the reasonableness of a fee award, we have posted on situations where the prevailing party offered to stipulate to a lower fees/costs award and then obtained a

Appealability, SLAPP: Reversal Of Defendant’s SLAPP Motion Vacated Fee Award, But Plaintiff’s Motion For Sanctions Was Not Appealable

Cases: Appealability, Cases: SLAPP

Everyone Gets To Keeping Litigating!                In Sayarad v. Butler-Lopez, Case No. A166884 (1st Dist., Div. 1 May 6, 2024) (unpublished), plaintiff suffered a partial grant of a SLAPP motion, resulting in an adverse attorney’s fees award as to one defendant of $42,031.50, and with the lower court denying plaintiff’s motion for sanctions based on

Deadlines, SLAPP: Lower Court Erred In Not Adjudicating Merits Of SLAPP Motion In Dismissed Case And Then Determining If Attorney’s Fees Were Warranted

Cases: Deadlines, Cases: SLAPP

Renewed Fee Motion Was Timely, Where Original Fee Motion Was Filed Within Deadlines.                In Shih v. Max, Case No. B324437 (2d Dist., Div. 1 Apr. 29, 2024) (unpublished), lower court denied two defendants’ SLAPP fee motions as moot after plaintiffs voluntarily dismissed their complaint before the SLAPP motion could be heard, although there were

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