Cases: SLAPP

  Tax Characterization as Independent Contractor Was Not Dispositive Under Trope Prohibition.      Well, given that this is in our Mission Statement on this blog, we love the beginning of the next case: “This case illustrates that “[a]ll too often attorney fees become the tail that wags the dog in litigation.” (Deane Gardenhome Assn. v. […]

  Defendant Obtained An Affirmance of the Merits SLAPP Ruling, But the Lack of a Cross-Appeal Was Fatal to the Defense Argument That the Fee Award Was Too Low.      If you are a SLAPP defendant winning a fee recovery after a SLAPP grant, but feel the award was too low, make sure you cross-appeal

  Lesson Again—Separately Appeal Fee Orders.      Currier & Ives. c1877.  Library of Congress.      Plaintiffs were unhappy with a SLAPP grant and subsequent order awarding attorney’s fees to the prevailing party. They were even more unhappy on appeal in Gonzales v. County of Riverside, Case No. E056253 (4th Dist., Div. 2 Aug. 14, 2014)

  Inquiry on Remand is Whether Defense Was Really Successful in a SLAPP Sense.      Covarrubias v. Union Adjustment Co., Inc., Case No. B250489 (2d Dist., Div. 5 Aug. 12, 2014) (unpublished) is an interesting SLAPP case where the appellate court reversed the denial of a defense SLAPP motion on two claims but sustained the

  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

  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