Second District, Division 3 Directs Recalculation of SLAPP Fee Award. In Fuchs v. Smith, Case No. B222470 (2d Dist., Div. 3 July 5, 2011) (unpublished), defendants SLAPPed plaintiff’s malicious prosecution suit and were awarded all of their fees reasonably incurrred in the action (not merely SLAPP related fees), although the lower court did […]
Yelp!/Youch!: Plastic Surgeon Hit With $20,000 in SLAPP and $2,000 in Private Attorney General Fee Awards. As reported by Gary Klien in a June 24, 2011 post carried in MercuryNews.com, a Marin County cosmetic surgeon (Ms. Kimberly Henry of Greenbrae) was assessed $20,000 in attorney’s fees for losing a SLAPP motion brought by
U.S. Congress and North Carolina Also Considering SLAPP Legislation. We have posted frequently on California’s anti-SLAPP statute and its fee-shifting provisions. We can now report that, according to a June 20, 2011 post on the Reporters Committee for Freedom of Press News website, Texas is the 27th state, along with the District
Use of Associate For Appellate Work Was Tantamount to “Lost Opportunity Costs” Not Allowable under Trope. We have done numerous posts on the Trope limitation which prevents in pro per attorneys representing themselves from obtaining attorney’s fees recovery under various fee-shifting statutes or contractual clauses. Now, Justice Mosk of the Second District, Division
Second District, Division 1 Finds No Abuse of Discretion in Awarding Reduced Fees to Winning Defendants. Here is a case that demonstrates that the mandatory fee awards awardable to defendants under Code of Civil Procedure section 425.16(c)(1) are hinged on reasonable fees, with trial courts not having to rubberstamp fee requests that are too
$28,712.50 Fee/Costs Award Was the Victim in This One. Defendants probably felt pretty good after they SLAPPed plaintiff’s suit and won fees/cost of $28,712.50 under the SLAPP mandatory fee-shifting statute. The feeling was somewhat short lived, however. The appellate court in Gonzales v. Gonzales Foundation, Case Nos. A123857/124346 (1st Dist., Div. 3
Noerr-Pennington Challenge Once Again Rebuked in SLAPP Fee Area. In The Petersen Law Firm v. City of Los Angeles, Case No. B220030 (2d Dist., Div. 4 Apr. 13, 2011) (unpublished), The Petersen Law Firm was SLAPPed in state court for bringing an unsuccessful mandate petition to force compliance with certain police department statutory
Gretchen Rossi Hit With Almost $41,000 in Fees for SLAPPed Defamation Suit Against Ex-Boy Friend. We frequently have blogged on the SLAPP fee-shifting statute, which requires a mandatory imposition of reasonable attorney’s fees to a defendant winner. Well, even celebrities are not beyond its reach. “Real Housewives of O.C.” star Gretchen Rossi
$125,491.81 Fee Award Against Plaintiff Sustained on Appeal. Plaintiff, after being hit with an adverse $125,491.81 fee award after losing a SLAPP motion, challenged the fee award in Ruttlen v. County of Los Angeles, Case No. B223345 (2d Dist., Div. 3 Mar. 30, 2011) (unpublished). Her challenge was that the award was unconstitutional
Rare SLAPP Fee Award Against Defendant Affirmed And Appellate Fees Assessed For Frivolous Appeal. On March 13, 2011, we did a post on City of Alhambra v. D’Ausilio, where a defendant losing a SLAPP motion was hit with attorney’s fees for a frivolous motion as well as appellate fees for bringing a frivolous
