Cases: SLAPP

SLAPP Trifecta: Fees Are Mandatory To Winning Defendant … But Can Only Be Temporary If Plaintiff Obtains a (POOF!) Reversal On Appeal

Cases: POOF!, Cases: SLAPP

Next Slate of SLAPP Decisions Illustrates the Principle.      Our category “SLAPP” will certainly give you readers a wealth of information on when SLAPP winners are happy or sad. Winning defendants are entitled to an award of reasonable attorney’s fees for winning these motions, although the reasonableness caveat and need to sustain the result on […]

SLAPP: $52,430 Fee Award Affirmed Against Losing Defendants Who Filed A Frivolous Anti-SLAPP Motion

Cases: SLAPP

Fourth District, Division Two Sustains Awards in Favor of Plaintiff Defeating Frivolous Motion.      In our category “SLAPP,” we have examined many cases where attorney’s fees have been awarded to defendants prevailing on anti-SLAPP motions. However, Code of Civil Procedure section 425.16(c) also provides that a defendant losing an anti-SLAPP motion can suffer an adverse

SLAPP: Fourth District, Division 3 Publishes Raining Data Decision

Cases: SLAPP

Hefty SLAPP Fees Awarded to Victorious Cross-Defendant in Trade Secret Case.      In our June 27, 2009 post, we reviewed the previously unpublished decision by the Fourth District, Division 3 in Raining Data Corp. v. Barrenechea. This decision was certified for publication on July 21, 2009.      Raining Data affirmed a $112,353.35 attorney’s fees award

SLAPP: Partial SLAPP Grant And Reversal Of Another Claim On Appeal Means … Remand To See If Partial Winner Gets Fees

Cases: SLAPP

First District, Division 5 So Holds in City of Pleasanton Referendum Dispute.      We have to say that defendant victors—even partial victors—are usually awarded some amount of fees for winning anti-SLAPP motions, which carry a mandatory fee-shifting bias for defendant winners. (If you don’t believe this, see our category “SLAPP.”) The next case is but

SLAPP: $112,353.75 Fee Award To Cross-Defendant Affirmed Where Claims Of Overstaffing Not Properly Demonstrated

Cases: Reasonableness of Fees, Cases: SLAPP, Cases: Standard of Review, Cases: Substantiation of Reasonableness of Fees

Fourth District, Division 3 Finds No Abuse of Discretion.      In Raining Data Corp. v. Barrenechea, Case No. G040902 (4th Dist., Div. 3 June 26, 2009) (unpublished), plaintiff lost a SLAPP motion against a cross-defendant arising from a trade secret misappropriation dispute, with the trial court awarding $112, 353.75 to cross-defendant under Code of Civil

SLAPP Two-Fer: Two Fee Awards Affirmed

Cases: SLAPP

$9,387.50 Appellate Fees Awardable After Appeal Court Dismisses Appeal Without Written Decision.      Stevens v. Paul, Case No. A122993 (1st Dist., Div. 2 May 18, 2009) (unpublished) confronted an unusual procedural situation: plaintiff lost a SLAPP motion (hit with $5,155 in fees); appealed and lost in a summary non-written dismissal order; plaintiff was assessed further

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