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 In Shankar v. Shoffner, Case No. B255399 (2d Dist., Div. 5 Apr. 29, 2015) (unpublished), a plaintiff who was SLAPPed for bringing a malicious prosecution claim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 In Shames v. Peffer, Case No. D065737 (4th Dist., Div. 1 Mar. 25, 2015) (unpublished), plaintiff sued two defendant attorneys personally (not their firm) for libel/prospective economic advantage interference, but was SLAPPed even though the law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
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 In a prior companion appeal, York v. Strong, Case No. G049512 (4th Dist., Div. 3 Mar. 10, 2015) (unpublished), one attorney appealed a SLAPP fee recovery of $21,840 assessed against him when another attorney “SLAPPed” his claim arising from competing claims to
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
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
Reversal of SLAPP Grant Also Resulted in Fee Recovery Going Away. In Kovac Media Group, Inc. v. LaPolt, Case No. B247579 (2d Dist., Div. 3 Feb. 25, 2015) (unpublished), plaintiff talent manager sued defendant entertainment attorney in an action over common clients. Lawyer SLAPPed three out of six causes of action, with the
