Noerr-Pennington Sham Exception Did Not Need to be Hurdled By City, Resulting in Affirmance of $226,928 Fee Award. The Sixth District in Vargas v. City of Salinas, Case No. H035207 (6th Dist. Nov. 18, 2011) (certified for publication), a case that had gone up to the California Supreme Court and back through the […]
One Remanded; The Other Affirmed. Here is a situation we do not blog on that much: fee awards against the defense for bringing frivolous SLAPP motions, fully allowable under CCP § 425.16(c)(1). In Mazzaferri v. Mazzaferro, Case No. A131076 (1st Dist., Div. 5 Nov. 9, 2011) (unpublished), defendants were sanctioned for filing
$16,000 Deduction for Unnecessary Collaboration Showed No Abuse of Discretion. McCoy v. Walczak, Case No. A129671 (1st Dist., Div. 4 Oct. 21, 2011) (unpublished) involved a situation where a trial court denied a timely filed fee motion by a winning SLAPP defendant in a defamation suit “without prejudice,” but later awarded $92,898 to
Fee Order Reversed By Lower Court When Separate Fee Motion Procedure Used. Although the appellate court aptly described the overall cause as a “trial court’s resolution of a procedural morass” under the anti-SLAPP statute, JP Builders, Inc. v. Leebove, Case No. A130270 (1st Dist., Div. 1 Oct. 7, 2011) (unpublished) does confirm the
In Panakosta Partners, LP v. Hammer Lane Management, LLC, Case No. C065812 (3d Dist. Sept. 27, 2011) (certified for publication), minority limited partners were hit with an adverse fee award of $38,784.50 when majority partners SLAPPed them for bringing a petition for buyout (to avoid a judicial dissolution) under Corporations Code section 15908.02.
Also, CCP Section 128.5 Standards Do Apply to SLAPP Statute, Even Though 128.5 Is Long Gone. The Second District, Division 3 answered two questions under the SLAPP statute provision that allows a lower court to award fees to a winning plaintiff, the SLAPP opponent. Usually, a prevailing defendant automatically is awarded reasonable
If You Defended Quickly, Bringing This Might Open You Up to SLAPP Fees, Fourth District, Division 3 States In an Interesting Footnote. Although not dealing directly with attorney’s fees, a recent unpublished Fourth District, Division 3 decision should give all litigators pause when thinking about filing a malicious prosecution action after defending against
Court of Appeal Reverses With Directions to Trial Court to Determine if SLAPP Defendant is Entitled to Fees and the Reasonable Amount of Any Award. Our next case, Fremont Reorganizing Corporation v. Faigin, Case No. B218178 (Second Dist. Div. 3, August 30, 2011 (certified for publication) concerns an in-house attorney who sued his alleged
Fourth District, Div. 2, Underscores That Compliance With Basic Appellate Procedure Is Necessary to Obtain Review of SLAPP Fees Issue. The next case, Dean Martin v. Inland Empire Utilities Agency, et al., Case No. E051217 (4th Dist. Div. 2, 8/18/11) (certified for publication), involves a complaint alleging causes of action deriving from purported racial
SLAPP Appeal Did Not Stay Fee Motion and Block Billing Challenge Rejected. In Mangine v. Steier, Case Nos. B219022/B222822 (2d Dist., Div. 7 Aug. 9, 2011) (unpublished), plaintiff was SLAPPed and lost a summary adjudication of a landlord-tenant dispute in which the lower court granted attorney’s fees of $71,500 to present landlord under
