Cases: SLAPP

Landlord/Tenant And SLAPP: Plaintiffs’ Failure To Separately Appeal SLAPP Order Precluded Appellate Review And Defense Entitled To Fee Recovery Under the Mobilehome Residency Law Because Plaintiffs’ Dismissed Complaint Was Based On MRL Violati

Cases: Landlord/Tenant, Cases: SLAPP

  Collateral Order Doctrine and MRL “Arising From” Principles Explored.      In Hall v. West, Case No. D060402 (4th Dist., Div. 2 Oct. 10, 2012) (unpublished), defendants moved to SLAPP plaintiff’s extant complaint, prompting plaintiffs to obtain leave to file a second amended complaint and then dismissing the action without prejudice. The trial court proceeded […]

SLAPP/POOF!: Reversal Of SLAPP Grant Means Fee Award Goes POOF!

Cases: POOF!, Cases: SLAPP

       A prevailing cross-defendant in a SLAPP proceeding garnered successful fee awards of $7,834.75 and $3,953 against the cross-complainant. However, Peng v. Hong Sang Market, Inc., Case Nos. A133044/A134394 (1st Dist., Div. 3 Sept. 27, 2012) (unpublished) demonstrates what happens when the appellate court determines that the SLAPP order should have been denied. What

Attorney’s Fees Trifecta: Fee Clause Interpretation, Family Law Child Order Fees, And SLAPP Fees Dominate In Trio Of Unpublished Decisions

Cases: Family Law, Cases: Fee Clause Interpretation, Cases: SLAPP

  Mossman v. Naranjo, Case No. D059054 (4th Dist., Div. 1 Sept. 18, 2012) (Unpublished)–CAR Form Real Estate Contract Covers Fees Won For Real Property Nondisclosure Claims.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

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

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