Cases: SLAPP

  Significance/Practical Benefit Were The Factors, Not Complexity Of And Good Faith In Bringing Stricken Cross-Claim.     Plaintiff/cross-defendant, as a cross-defendant, was successful in striking one out of three cross-claims on a SLAPP motion, moving to recoup attorney’s fees/costs for the win.  The trial court denied the motion after determining that the situation was complex […]

  $13,799 Award Out Of Requested $22,431–No Problem!     Plaintiff lost a SLAPP motion in a malicious prosecution-dominated suit, with the trial court awarding defendant $13,799 in attorney’s fees (out of a requested $22,431).  Plaintiff appealed both the merits and attorney’s fees award in Drumea v. 1300 N. Curson Investors LLC, Case Nos. B259733/B261353 (2d

Scenario Involves Tenant Suing Landlord, Landlord Filing Unlawful Detainer Action, And Tenant Filing Anti-SLAPP Motion.      We are not going to even try to guess who feels better – or worse – about the outcome of the appeal in Olive Properties v. Coolwaters Enterprises, Inc., B261105 (2/3 Oct. 30, 2015) (Edmon, Aldrich, Jones) (published).  The

  Reason … Trial Judge Did Not Provide Adequate Specification Of Reasons For Granting Fees To Plaintiff.      Nunez v. Pennisi, Case No. H039910 (6th Dist. Oct. 27, 2015) (published) is a good reminder to plaintiffs winning SLAPP motions and obtaining infrequent fee recovery because the SLAPP motion was frivolous: make sure the lower court

  However, No Authority Supported Vacating Entire Award, Including The Part Of It Against Losing Plaintiff.     In Clements v. Sojourn Properties, Inc., Case No. A141288 (1st Dist., Div. 1 Sept. 24, 2015) (unpublished), the appellate court had no trouble vacating a SLAPP fee award of $3,400 against a losing plaintiff’s attorney, given that Moore

. . . . 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