Cases: SLAPP

SLAPP: Homeowner Not Appealing Merits Determination Had No Basis To Challenge Fee Award To Winning HOA

Cases: Homeowner Associations, Cases: SLAPP

  $8,744.50 Fee Award Affirmed on Appeal.      The underlying dispute was a homeowner-homeowner association (HOA) dispute in which defendants represented HOA but homeowner sued the HOA attorneys for legal malpractice. Defendants won a SLAPP motion and were awarded $8,744.50.      Homeowner appealed the adverse result in Kumar v. Robert E. Weiss Inc., Case No. […]

SLAPP: $19,816.66 In Fees/Costs Awarded To Partial SLAPP Winner Affirmed

Cases: SLAPP

  Breach of Contract SLAPP Win Validated Fees, Given That This Win Also Resulted In Ultimate Adjudication of Compelling Arbitration Claim in Favor of Winner.      Sahlolbei v. Montgomery, Case No. E053031 (4th Dist., Div. 2 Aug. 14, 2012) (unpublished) is an interesting procedurally-driven case where plaintiff sued defendant for breaching a settlement agreement and

SLAPP/Reasonableness Of Fees/Substantiation Of Fees: $49,500 Fee Award To SLAPP Victor Affirmed

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  Both Sides Appealed, Both Sides Did Not Gain Anything Upon Review.      In County of San Bernardino v. San Bernardino County Public Attorneys Assn., Case Mp/ E051576 (4th Dist., Div. 2 June 26, 2012) (unpublished), County lost a SLAPP motion and was assessed $49,500 through an adverse mandatory fee award (even though the defense

Appealability/SLAPP: Fourth District, Division 3 Finds Failure To Appeal SLAPP Fee Grant Order Meant No Jurisdiction To Consider Fee Order

Cases: Appealability, Cases: SLAPP

  Fee Award Also Correct on the Merits      In Martin v. Inland Empire Utilities Agency, 198 Cal.App.4th 611, 632-633 (2011) [reviewed in our August 20, 2011 post], an appellate court found it had no jurisdiction to review the denial of a SLAPP fee request because no appeal had been separately taken from the fee

Fee Clause Interpretation/SLAPP/Sanctions: 25% Contractual Fee Recovery-Capped Clause For Prosecuting Activities Held Not To Apply To Defense Activities

Cases: Fee Clause Interpretation, Cases: Sanctions, Cases: SLAPP

  Also, Sanctions Against Attorney Upheld Under CCP § 128.7, But Not SLAPP Statute.      ASAP Copy and Print v. Ringgold, Case Nos. B224295/B225702 (2d Dist., Div. 7 June 4, 2012) (unpublished) was an incredible donnybrook over a fairly minor dispute involving a photocopier lease/maintenance agreement. The amount of time, trouble, and fees that is

SLAPP/Substantiation Of Fees: $5,705 SLAPP Fee Recovery Falls Within The Collateral Order Exception To Appealability

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

       In City of Colton v. Singletary, Case No. E052377 (4th Dist., Div. 2 May 30, 2012) (certified for publication), cross-defendant was granted a SLAPP motion on two counts of a cross-complaint brought by City, eventually awarded $5,750 in fees and $80 in costs.      City appealed, with the appellate court discussing several SLAPP

SLAPP: $120,000 SLAPP Fee Recovery By Defense Affirmed On Appeal After Plaintiff Mall Owner Dismissed Complaint Voluntarily Before SLAPP Motion

Cases: SLAPP

  Owner’s Actions Belied Its Faith In The Merits Of Its Case.      The Retail Property Trust v. Orange County People For Animals, Case No. G045556 (4th Dist., Div. 3 May 18, 2012) (unpublished) is an interesting decision affirming a $120,000-plus attorney’s fees award against the defense after a Brea mall owner voluntarily dismissed a

SLAPP: $10,000 Frivolous SLAPP Fee Award Against Cross-Defendants Reversed On Appeal

Cases: SLAPP

  Appellate Court Divergence on First SLAPP Prong Drove Reversal of SLAPP Fee Award.      SLAPP fee awards against defendants/cross-defendants are allowable, but not mandatory as against losing plaintiffs–losing defendants’ efforts must be found to be frivolous in nature, a much higher burden of proof. In the next case, the trial court denied cross-defendants’ SLAPP

SLAPP: $9,019.88 Fee Award To Winning Defendant Was No Fluke

Cases: SLAPP

  Especially Where Lower Court Reduced It Down From $36,000 Request, Although Defendant Will Get More Fees For Winning On Appeal.      Ya gotta be careful what you ask for, especially when a trial court orders much lower statutory fees in a mandatory fee-shifting context. If you lose, you are stuck with the award you

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