Cases: SLAPP

Judgment Enforcement: Denial Of Fee Recovery For Post-Judgment Efforts, Including Fraudulent Conveyance Action Producing Return Of Property, Reversed And Remanded

Cases: Judgment Enforcement, Cases: SLAPP

Fourth District, Division 2 Finds No “Prevailing Party” Standard Applies in Post-Judgment Collection Efforts With Respect to Fee Recovery.      In this category, we have examined several decisions dealing with statutes that allow for fee recovery, if certain conditions are met (with a judgment having to provide for fee recovery), under Code of Civil Procedure […]

SLAPP: $200,000 Fees/Costs Awarded To Swedish Filmmakers And Against Dole Arising From Dismissed Defamation Counterclaim Involving “Bananas!”

Cases: SLAPP

  $50,000 Of Requested Fees/Costs Not Awarded.       Recently, Los Angeles County Superior Court Ralph Dau granted some Swedish filmmaker’s anti-SLAPP motion against Dole arising from Dole’s dismissal of a defamation counterclaim relating to the filmmaker’s documentary “Bananas!” Then, the Swedish filmmakers requested fees/costs of about $250,000 under the mandatory anti-SLAPP fee shifting statute that

SLAPP: Attorney’s Fees Awards Under SLAPP And Harassment Injunction Statute Affirmed

Cases: SLAPP, Cases: Special Fee Shifting Statutes

Challenging Plaintiff Did Not Show Specificity in Padding, Duplication, or Unrelatedness Arguments To Support Fee Reduction.      To our dear readers after Thanksgiving, here is a case with excellent reminders about steps you should take when challenging lower court fee awards. Make sure that you make specific challenges, not just arguments, supported with declarations from

Homeowner’s Associations And SLAPP: Judgment And Fee Awards Correctly Awarded Against Homeowner Trustee As An Individual

Cases: Homeowner Associations, Cases: SLAPP

Fourth District, Division 1 Sees No Error in Individual Assessment.      In San Diego Country Estates Assn., Inc. v. Ward, Case No. D055182 (4th Dist., Div. 1 Nov. 22, 2010) (unpublished), an HOA and homeowner (a trustee of his revocable inter vivos trust) got embroiled in a retaining wall construction dispute in which trustee was

SLAPP: Second District, Division 4 Joins Division 1 On Finding No Authorization For An Award Of SLAPP Fees Against Losing Plaintiff’s Counsel

Cases: SLAPP

Division 4 Follows Moore v. Kaufman.      In our October 24, 2010 post, we examined Moore v. Kaufman, 2010 Cal.App. LEXIS 1813, a Second District, Division 1 decision where a SLAPP fee award against losing plaintiff’s counsel was overturned. The basis was that Code of Civil Procedure section 425.16(c) did not allow for such an

SLAPP/Fee Substantiation: Attorney’s Fees To Winning Defendant Affirmed On Appeal

Cases: SLAPP

Billing Records Are Not Required Substantiation in a Fee Petition.      In U.S. Bancorp Equipment Finance Inc. v. McFetters, Case Nos. G041929/G042094 (4th Dist., Div. 3 Nov. 3, 2010) (unpublished), defendants SLAPPed 9 out of 10 claims and were awarded attorney’s fees against losing plaintiff. The defense substantiated the fees by submitting attorney declarations describing

SLAPP: Trope Limitation Did Not Preclude Award Of Fees To California Attorney General For Prevailing On SLAPP Motion Against Suing Doctor When Two Of The AG Attorneys (Also Sued) Aided Lead Counsel Work for AG And Other Co-Defendants

Cases: SLAPP

First District, Division 2 So Rules in Lengthy Unpublished Decision.      Soderling v. Office of the California Attorney General, Case Nos. A124196/A124931 (1st Dist., Div. 2 Oct. 22, 2010) (unpublished) concerned an appeal by a doctor suing to overturn the trial court’s partial grant of an anti-SLAPP motion against the California Attorney General (AG) as

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