. . . . Meaning Plaintiff Should Recover Fees Below And On Appeal. Although plaintiff won both at the trial and appellate levels as far as defeating the defense SLAPP motion, plaintiff did well to cross-appeal from the denial of attorney’s fees in LA Taxi v. Independent Taxi Owners, Case No. B255909 (2d Dist., […]
Dispute Was Over Ownership Of Purebred Australian Terriers. Australian Terrier Puppy. Wikipedia. Author: Jay22897. Creative Commons Attribution-Share Alike 4.0 International license. Dogs, palm trees, ocean views, and invading vegetation seem to draw the rankle of many a litigant, often leading to contentious suits where one side wins or no one prevails—all meaning that
Shoen v. Vista Lanai Apts. Partnership, Case No. B260726 (2d Dist., Div. 5 Aug. 5, 2015) (unpublished). An appeal of a SLAPP grant and a subsequent order granting SLAPP fees to the prevailing was dismissed. The appeal of the SLAPP grant was untimely, with losing plaintiffs going 30 days past the jurisdictional 180-day
However, Lower Court Lacks Jurisdiction To Enter Merits Judgments Following Voluntary Dismissal. McVeigh v. Trinity Christian Center of Santa Ana, Inc. (MacLeod), Case No G049461 (4th Dist., Div. 3 May 11, 2015) (unpublished) is somewhat a study into subject matter jurisdiction in the SLAPP context, involving convoluted proceedings which really did not change
On Remand, Trial Judge Can Try To Correct. In the SLAPP area, a trial judge can award attorney’s fees against a party losing a SLAPP motion if the motion is deemed to be frivolous. However, the frivolity determination has to meet certain standards under prior (now resurrected) CCP § 128.5. The order
Plaintiff’s Appeal of SLAPP Grant Against Another Defendant Did Not Stay Fee Proceedings and Lack of Reporter’s Transcript Showed No Abuse of Discretion In Fee Amount Awarded. In Shankar v. Shoffner, Case No. B255399 (2d Dist., Div. 5 Apr. 29, 2015) (unpublished), a plaintiff who was SLAPPed for bringing a malicious prosecution claim
Also, Fee Award Was Fairly Modest. Plaintiff lost a SLAPP motion to the defense, which gave rise to the mandatory fee-shifting attorney’s fees statutory provision codified in Code of Civil Procedure section 425.16(c)(1). The trial court granted defendant $7,122.50 in fees and $806 in costs. Plaintiff’s appeal in Darling v. Pentecost, Case
However, On Remand, Fee Claimant Can Try For Them Under Another Statute. If a defendant loses a SLAPP motion, fees can only be assessed against a defendant (and not defense counsel) if findings are made that the motion was frivolous/bad faith under CCP § 128.5 (which used to be dead, but has made
No Trope Problem; Trial Judge Did Reduce Requests; Attorney Declaration Of Hours Expended Suffices. In Shames v. Peffer, Case No. D065737 (4th Dist., Div. 1 Mar. 25, 2015) (unpublished), plaintiff sued two defendant attorneys personally (not their firm) for libel/prospective economic advantage interference, but was SLAPPed even though the law firm where each
Only Appealable For Judgment Of Dismissal, Disagreeing With Third District Precedent. Although we do not “weigh in” on many decisions, the issue in this case may be destined for California Supreme Court review—given that the jurisprudence is this area is conflicting or (at least) confusing. The issue, boiled down, deals with appealability—when
