Cases: SLAPP

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 B224295/B225702 (2d Dist., Div. 7 June 4, 2012) (unpublished) was an incredible donnybrook over a fairly minor dispute involving a photocopier lease/maintenance agreement.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     The Retail Property Trust v. Orange County People For Animals, Case No. G045556 (4th Dist., Div. 3 May 18, 2012) (unpublished) is an interesting decision affirming a $120,000-plus attorney’s fees award against the defense after a Brea mall owner voluntarily dismissed a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

SLAPP: $20,165.04 Fee Award To Winning Defendants Was No Abuse Of Discretion

Cases: SLAPP

  However, Cautionary Footnote from Appellate Panel Bears Noting for Trial Courts and Practitioners Alike.      Winning SLAPP defendants were awarded $20,165.04 (out of a requested $36,472.04) in attorney’s fees under the mandatory fee-shifting provision of Code of Civil Procedure section 425.16.      The appellate court affirmed under the abuse of discretion standard in Mestler

SLAPP: $21,506.25 Fee Order For Frivolous SLAPP Motion Reversed When Appellate Court Found SLAPP Motion Had Partial Merit Based On Litigation Privilege

Cases: SLAPP

  Appellate Opinion Also Has Interesting Published Discussion on Tentative Ruling Acquiescence.      In Mundy v. Lenc, Case No. B227962 (2d Dist., Div. 2 Feb. 29, 2012) (certified for partial publication; fee discussion not published), disabled plaintiff/cross-defendant litigant and his attorney was hit with a $21,506.25 fee award for bringing a “frivolous” SLAPP motion. (NOTE

Appealability/SLAPP/Substantiation Of Fees: First District Entertains Challenge Of SLAPP Fee Award Even Though Fee Award Not Specifically Appealed

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

  Informative Discussion of SLAPP Fee Appealability Cases and Block Billing Implications.      Though unpublished, the appellate decision in LegacyQuest v. Rosen, Case No. A129177 (1st Dist., Div. 1 Jan. 27, 2012) (unpublished) has a great discussion of SLAPP fee order appealability issues as well as trial court discretion relating to block billing time submissions

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