Cases: SLAPP

SLAPP: Losing Cross-Complainant Presented Inadequate Record Or Merits Argument To Overturn SLAPP Fee Recovery In Favor Of Cross-Defendant

Cases: Record, Cases: SLAPP

  Record Inadequacy Was Fatal.      Cross-complainant appealed after getting assessed with attorney’s fees in favor of a cross-defendant successfully SLAPPing the cross-complaint in Moody v. Lanak & Hanna, P.C., Case No. E059515 (4th Dist., Div. 2 Feb. 27, 2015) (unpublished). He did not get any change in result, mainly because he did not present […]

SLAPP: Trial Judge Properly Awarded $27,820 In Fees To Prevailing Defendant On One Cause Of Action, Not Needing To Allocate Where Work Was Common With Another Claim For Which A SLAPP Was Denied

Cases: SLAPP

  However, On Appeal, Appellate Court Found Neither Side Prevailed So As To Get Appellate Fee Recovery.      Becerra v. Jones, Bell, Abbott, Fleming & Fitzgerald LLP, Case No. B251189 (2d Dist., Div. 8 Feb. 27, 2015) (unpublished) involved a situation where plaintiff ex-partner sued his former firm, with the firm SLAPPing one cause of

SLAPP: Condominium Owner Losing SLAPP Recovery Against HOA, Property Manager, HOA Attorneys, And Owner’s Attorney Relating To Prior Condo Defect Suit Did Not Gain Relief From SLAPP Grant Fees To Various Defendants

Cases: SLAPP

  Trope, Conflict, and Partial Success Challenges Unsuccessful On Appeal.      In Creger v. Hudson 141 Homeowners Assn., Case No. B247480 (2d Dist., Div. 2 Feb. 5, 2015) (unpublished), condo owner sued the HOA, property manager, HOA attorneys, and his own attorneys for certain actions relating to a prior condo defect suit, getting SLAPPed based

SLAPP: $28,448 SLAPP Fee Award Affirmed On Appeal

Cases: SLAPP

  Below Market San Diego Hourly Rates, Combined With Explanation Of Work Effort, Sustained Result.      In Galicia v. Spencer, Case Nos. D063758/D064441 (4th Dist., Div. 1 Jan. 27, 2015) (unpublished), plaintiffs lost a SLAPP motion to the defense based on certain state immunities to civil/constitutional rights allegations, which then resulted in a $28,448 mandatory

SLAPP: $10,800 Fee Award Out Of $65,000 Request No Abuse Of Discretion

Cases: SLAPP

  Award Was Mandatory Under SLAPP Statute, Amount Was Fine.      Under this category, we have blogged on many cases where mandatory fee awards are appropriate to prevailing defendants under the SLAPP fee-shifting statute.      In Chapman v. City of Palmdale, Case Nos. B251913/B254125 (2d Dist., Div. 2 Jan. 13, 2015) (unpublished), the appellate court

Reasonableness Of Fees/SLAPP: Winning SLAPP Defendants’ $138,972 Combined Fee Award Affirmed As Reasonable On Appeal

Cases: Reasonableness of Fees, Cases: SLAPP

  Also, CCP § 177.5 $1,000 Sanctions Award Reviewable Only By Writ.      In Shalant v. Mackston, Case No. B250208 (2d Dist., Div. 8 Dec. 8, 2014) (unpublished), defendants won a SLAPP motion—the merits of which were never appealed—and plaintiff suffered a combined adverse fee award of $138,972 under the mandatory SLAPP fee-shifting statute. One

Appeal Sanctions/Attorney Lien/SLAPP: Defendants Trying To “SLAPP” In Fee Dispute Involving Attorney Lien Impact Were Correctly Not Allowed SLAPP Relief

Cases: Appeal Sanctions, Cases: Liens for Attorney Fees, Cases: SLAPP

  However, Winning Plaintiff Attorney Negotiating Personal Injury Settlement Not Entitled to SLAPP Fee-Shifting Fees or Frivolous Appeal Sanctions.      Well, we have an appellate court decision saying fees disputes do not rise to constitutional protected activity under the SLAPP statute. We are not offended, because these usually are more in the nature of private

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