Cases: SLAPP

Costs/POOF/SLAPP: Two-Fer—Appellate Costs Award Affirmed Based On Costs Memorandum And $37,857.97 SLAPP Fees/Costs Award Goes POOF! Upon Reversal Of SLAPP Grant

Cases: Costs, Cases: POOF!, Cases: SLAPP

Karnazes v. Hartford, Case No. A139421 (1st Dist., Div. 2 June 27, 2014) (unpublished) ​In a long-standing antagonistic battle between two former law partners, a cross-respondent was awarded costs by the appellate court after a cross-appeal was dismissed. The winner then filed a costs memo for $627.50 in appeals costs, prompting yet another appeal after […]

SLAPP: SLAPP Grant And Attorney’s Fees Order Vacated Where Case Dismissed

Cases: SLAPP

  Lower Court Divested Of Jurisdiction, And Neither Side Cited Controlling Precedent.       Intermediate appellate courts in California try to (and, largely do) get it right in the large stream of cases they handle each year. In some cases, this means that they find the controlling precedent for resolution of a particular cause.      That

SLAPP: $7,715 Fee Award To SLAPP Victor No Abuse Of Discretion

Cases: SLAPP

  Court Reduced Requested Fees by 40%.      If you are on appeal of a fee award, unless a fee entitlement issue is involved, the hardest thing to do is challenge the reasonableness of the fee award unless shocking in nature on a facial basis. That is so because reasonableness of the fees is an

Appealability/SLAPP: Denial Of Slapp Fees To Plaintiff Shows Dual Standard of Review Governing Recovery In This Area

Cases: Appealability, Cases: SLAPP

Must Show Objective Speciousness and Subjective Bad Faith. ​Young v. Tri-City Healthcare Dist., Case No. D063980 (4th Dist., Div. 1 May 15, 2014) (unpublished) contains a good discussion of the review standard applicable to a lower court ruling denying attorney’s fees to a prevailing SLAPP plaintiff under Code of Civil Procedure section 425.16(c)(1). ​In this

SLAPP/Substantiation Of Reasonableness Of Fees: Attorney Declaration Without Detailed Billings Can Support Fee Award In California State Courts

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  $22,597.50 SLAPP Fee Award Based On Litigation Privileged Affirmed On Appeal.      In Christiana v. Plotkin, Case No. B244862 (2d Dist., Div. 1 Feb. 27, 2014) (unpublished), plaintiff (former defendant in a criminal action) sued defendant psychiatrist who issued a report he did not like on his competency to stand trial/assist his appointed public

IP/POOF!/SLAPP: A SLAPP Fee Award And Copyright Claim Dismissal Fee Recovery Go POOF!, While Another SLAPP Fee Award Of $248,506 Plus Fees On Fees Affirmed

Cases: Intellectual Property, Cases: POOF!, Cases: SLAPP

Appealing Parties Could Not Surmount Abuse of Discretion Standard on Second SLAPP Fee Award.      In Graham-Sult v. Clainos, Case No. 11-16779 (9th Cir. Feb. 5, 2014) (published), one defendants obtained a SLAPP fee recovery of $126,431.50 (out of a requested $133,431.50) and a second group of defendants obtained a SLAPP fee recovery of $248,506

SLAPP: Appellate Court Determined Libel Count Was Meritorious, Requiring Lower Court To Entertain Opposing Parties’ SLAPP Fee Request

Cases: SLAPP

  Lower Court Erred in Deciding SLAPP Motion Lacked Merit.      In Monarch Consulting, Inc. v. Zamora, Case No. B244791 (2d Dist., Div. 8 Jan. 31, 2014) (unpublished), cross-complainant ex-employee countersued cross-defendants ex-employer/employer’s CEO for libel, triggering a SLAPP motion by cross-defendants. Before the hearing, ex-employee filed a nonopposition and dismissed the libel count. However,

SLAPP: Fourth District, Division One Decides Lower Trial Court Must Determine If Defendant Would Have Prevailed On The Merits Under SLAPP Statute Where Plaintiff Voluntarily Dismisses for Purposes of SLAPP Fee Recovery

Cases: SLAPP

  4/1 DCA Notes Split in Opinion; We Predict This One May Be Accepted For Review.      Tourgeman v. Nelson v. Kennard, Case No. D063473 (4th Dist., Div. 1 Jan. 16, 2004) (published) dealt with a SLAPP fee recovery issue which has engendered a split in intermediate appellate thinking, which may (as best as we

Costs/SLAPP: Plaintiffs Ultimately Losing Against Defendants Did Not Defeat Defense Argument That Defendants Were Routine Costs “Prevailing Parties” Even Though Plaintiffs Won Fees/Costs On Prior Anti-SLAPP Motion

Cases: Costs, Cases: SLAPP

  No Real Case Law on the Precise Issue, But Result is Logical to Appellate Court.      Personalized Workout of La Jolla, Inc. v. Ravet, Case No. D061647 (4th Dist., Div. 1 Jan. 14, 2014) (unpublished) dealt with an interesting issue—whether plaintiffs winning fees/costs in a prior SLAPP proceeding were the parties with a “net

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