Fourth District, Division 3 Disagrees with Dicta in Doe v. Luster. You know that this one was going to be interesting when Justice Moore, on behalf of a 3-0 panel of the Fourth District, Division Three, wrote: “This is one of the weakest anti-SLAPP motions this court has reviewed in some time, which is […]
Declaratory Relief Action Denial Reversed re Class Action Fee Distribution. In Carder v. Patten, Faith & Sandford, Case No. B221940 (2d Dist., Div. 5 Oct. 12, 2010) (certified for publication), the appellate court reversed judgment entered against a plaintiff class action lawyer in a declaratory relief action he brought against other class action co-counsel
Mr. Francis Ordered to Pay $36,000 in Fees as SLAPP Loser. Los Angeles County Superior Court Mark Mooney threw out Girls Gone Wild CEO Joe Francis‘ defamation suit against Playboy Playmate of the Year Jayde Nicole pursuant to an anti-SLAPP motion. The suit stemmed from a fight at a West Hollywood nightclub last year.
However, Time For Filing Fee Motion Does Not Run Until Entry of Judgment Concluding Entire Action. The next one is a case involving an appeal from a SLAPP grant by Los Angeles County Superior Court Judge Terry A. Green, who co-contributor Mike has had the pleasure of appearing before in a wage/hour case.
Fourth District, Division 3 Finds Fee Motion Was Timely and Awarded Fees Were Not Too High. In Mallard v. Progressive Choice Ins. Co., Case Nos. G042527/G042710 (4th Dist., Div. 3 Sept. 15, 2010) (certified for publication), defendant (an insurance company’s litigation attorney) won a SLAPP motion and was awarded fees of $13,756.64 under the
Waiver Results in Second District, Division Three’s Affirmance of Orders Awarding $11,645 and $25,278.50 in Attorney Fees. After the trial court granted an order to strike an action for malicious prosecution, brought by Van Wormer Resorts, Inc. (VWR), WVR appealed the order, as well as the granting of attorney’s fees in favor of defendants/respondents
No Fees Under SLAPP or Lanham Act Fee Shifting Provisions. Well, everyone knows about James “Jim” Brown, maybe the best professional football running back of all time. In the next case, Jim Brown dodged fee exposure under the Lanham Act and under California’s SLAPP statute. He brought a false exploitation of image
Second District, Division 4 Gives a Nice Redux in this Area. Even though there was no evidence that defense counsel was affiliated with the winning defendants in a SLAPP motion proceeding, the Second District, Division 4—in a short 3-0 unpublished opinion authored by Justice Manella—gave a nice review of the Trope limitation and
Fourth District, Division 2 Acknowledges Possible Split in Opinion on Recoverable of Fees on non-SLAPP Work, But Affirms Based on Deferential Review. Although unpublished, Spiro v. Allen & Kimbell, LLP, Case Nos. E047790 & E048735 (4th Dist., Div. 2 June 24, 2010) (unpublished) nevertheless is an interesting case on whether SLAPP fees can be
Fourth District, Division 3 Does Find That Fee “Estimates” For Future Work On Reply Papers/Appearance Adequately Underpins Ultimate Award. Although it has a great discussion of the Flatley exception and the circumstances where the litigation privilege is trumped by more specific statutes, our local Fourth District, Division 3 does have a nice discussion
