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 The Retail Property Trust v. Orange County People For Animals, Case No. G045556 (4th Dist., Div. 3 May 18, 2012) (unpublished) is an interesting decision affirming a $120,000-plus attorney’s fees award against the defense after a Brea mall owner voluntarily dismissed a
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
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
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
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
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 Though unpublished, the appellate decision in LegacyQuest v. Rosen, Case No. A129177 (1st Dist., Div. 1 Jan. 27, 2012) (unpublished) has a great discussion of SLAPP fee order appealability issues as well as trial court discretion relating to block billing time submissions
Defense Motion Was Not Frivolous In Nature. Though successful defendants are entitled to reasonable attorney’s fees for winning a SLAPP motion, they are not exposed to fees unless their motion is found to be frivolous in nature. That frivolousness test was not met in Mandurrago v. City of Carmel-By-The-Sea, Case No. H036488 (6th
Numerous Challenges to SLAPP Award Rejected. In LaMunyon v. Reid & Hellyer, APC, Case No E052887 (4th Dist., Div. 2 Dec. 9, 2011) (unpublished), the appellate court sustained a mandatory fee award to the defense of $37,000 (broken down $17,000 for trial court services and $20,000 for successful prior appellate work) in winning
Ruling So Held in Strange Peremptory Challenge of Deciding Trial Judge. The next case occurred in the context of a rather strange procedural framework. In Rolla v. Speidel, Case No. D05783 (4th Dist., Div. 1 Nov. 22, 2011) (unpublished), the original trial judge granted a peremptory challenge and the case was assigned
