Moving SLAPP Fee Claimant Lost Burden of Proof–Could Not Prove That SLAPP Motion Filed Before Dismissal. Burden of proof is still a potent concept in the law. That is exactly what was dispositive in the next case we explore. In Ing v. Fink, Case No. G045777 (4th Dist., Div. 3 Sept. 19, […]
Mossman v. Naranjo, Case No. D059054 (4th Dist., Div. 1 Sept. 18, 2012) (Unpublished)–CAR Form Real Estate Contract Covers Fees Won For Real Property Nondisclosure Claims. Plaintiffs/buyers won fraud-based claims for property nondisclosures from defendants/sellers, but defendants won the contract based claim. The lower court denied fees to both parties, finding no prevailing
$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.
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 Sahlolbei v. Montgomery, Case No. E053031 (4th Dist., Div. 2 Aug. 14, 2012) (unpublished) is an interesting procedurally-driven case where plaintiff sued defendant for breaching a settlement agreement and
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of San Bernardino v. San Bernardino County Public Attorneys Assn., Case Mp/ E051576 (4th Dist., Div. 2 June 26, 2012) (unpublished), County lost a SLAPP motion and was assessed $49,500 through an adverse mandatory fee award (even though the defense
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
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 B224295/B225702 (2d Dist., Div. 7 June 4, 2012) (unpublished) was an incredible donnybrook over a fairly minor dispute involving a photocopier lease/maintenance agreement.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
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
Plaintiff Failed to Properly Present His Estoppel Theory For Factual Exploration By the Trial Court; Appealability Issue Did Not Impact Appeal, But Waiver Did. Plaintiff, who suffered an adverse SLAPP fee recovery of $12,633, might have had a chance on appeal on an estoppel theory. However, the problem is that he did not
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
