Cases: SLAPP

Appealability, SLAPP: Appeal Of Subsequent Fee Order, After SLAPP Grant Dismissing Action, Was Not Independently Appealable

Cases: Appealability, Cases: SLAPP

  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 […]

Judgment Enforcement, SLAPP: Attorney’s Fees Incurred In Enforcement Of SLAPP Fee Recovery Are Recoverable Costs Under CCP § 685.040

Cases: Judgment Enforcement, Cases: SLAPP

  Plain Meaning of Statute and California Supreme Court Precedent So Dictated.      In a prior companion appeal, York v. Strong, Case No. G049512 (4th Dist., Div. 3 Mar. 10, 2015) (unpublished), one attorney appealed a SLAPP fee recovery of $21,840 assessed against him when another attorney “SLAPPed” his claim arising from competing claims to

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SLAPPing the cross-complaint in Moody v. Lanak & Hanna, P.C., Case No. E059515 (4th Dist., Div. 2 Feb. 27, 2015) (unpublished).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      Becerra v. Jones, Bell, Abbott, Fleming & Fitzgerald LLP, Case No. B251189 (2d Dist., Div. 8 Feb. 27, 2015) (unpublished) involved a situation where plaintiff ex-partner sued his former firm, with the firm SLAPPing one cause of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

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