SLAPP Reversal Doomed Prior Fee Award Viability. Reversal on appeal can be cruel in any case, but especially in the SLAPP context. Renewable Resources Coalition, Inc. v. Pebble Mines Corp., Case Nos. B234347/B236218 (2d Dist., Div. 3 July 30, 2013) (published) is a good illustration. There, a SLAPP grant in favor of […]
Requested Hourly Rates Reasonable and Lack of Specific Challenges Doom Fee Challenges. The appellate court in DiMare v. Taylor, Case No. B237373 (2d Dist., Div. 8 June 5, 2013) (unpublished) expressed frustration that it could not put an end to a fee division dispute between two attorneys representing plaintiff in a wrongful death-products
In Mendoza v. Hamzeh, Case No. 239245 (2d Dist., Div. 1 Apr. 22, 2013) (partially published, fee discussion not published), a defendant attorney lost a SLAPP motion, which usually does not result in an adverse fee award unless the SLAPP motion was frivolous. Both the lower and appellate courts determined that the
Defendants won a SLAPP motion and were awarded partial fees under the mandatory fee-shifting statute, although some in pro per attorneys were denied some fees under Trope. So, the other side appealed, mainly contending that the fees/costs motions were untimely. Appealing party was not successful in Zhang v. Sugars, Case No. B243152
$20.055 SLAPP Fee/Costs Recovery Affirmed, Plus Appellants Get Hit With Appellate Sanctions Of Over $61,200 For Bringing Frivolous Appeal This next case reminds us that you need to give up after you or your client is on a losing string, especially once a couple of appeals tend to establish an adverse trend. Appealing
Marathon Funding, LLC v. Paramount Pictures, Case No. B240723 (2d Dist., Div. 8 Mar. 4, 2013) (Unpublished). In this first one, defendant won more than $690,548.90 in posttrial attorney’s fees under an investment agreement providing fees to the winner “in any action, suit, or other proceeding [that] is instituted concerning or arising out
In De Haas v. Shahinian, Case No. B234726 (2d Dist., Div. 4 Feb. 19, 2013) (unpublished), certain parties winning a SLAPP motion and subsequent mandatory fees of $35,559 were disappointed on appeal when the appellate court reversed the SLAPP grant. That meant the fees, as well, went POOF! for these parties. (Panakosta Partners,
Also, Denial of Fee Award to Prevailing Defendant Under FEHA Action Also Established Probable Cause, Dispensing of Malicious Prosecution Element. Central Escrow, Inc. v. Martin, Case No. B234166 (2d Dist., Div. 5 Feb. 5, 2013) (unpublished) was a malicious prosecution case brought against plaintiffs and their attorneys after they lost a sexual harassment
No “Complete” Frivolousness Shown. Defendant losing a SLAPP motion was hit with attorney’s fees of $19,500 for filing a completely frivolous proceeding in Hayes v. Hutchison, Case No. B237556 (2d Dist., Div. 4 Jan. 24, 2013) (unpublished). A frivolous defense motion can be the subject of fee recovery in the SLAPP area under
Later Order Fixing Fees Allowed Appellate Jurisdiction on the Merits; However, Detailed Billing Records Were Not Needed to Substantiate Fee Request. In Susott v. Auld-Susott, Case No. H037066 (Jan. 3, 2013) (unpublished), plaintiff lost a SLAPP motion and the trial court awarded defendant $20,000 in mandatory fees out of a requested $31,976.74. Plaintiff
