Cases: SLAPP

Appealability, SLAPP: Aggrieved Plaintiff Properly Prosecuted A Second Appeal From A SLAPP Fee Order Given Conflicting Intermediate Appellate Authority On The Issue

Cases: Appealability, Cases: SLAPP

Opinion Validates Our Recommendation In Many Posts To Separately Appeal An Adverse Fee Order Or Appeal Both Rulings In A Combined Appeal If Possible.                In Williams v. Doctors Med. Center of Modesto, Inc., Case Nos. F084700 et al. (5th Dist. Mar. 27, 2024) (published), plaintiff separately appealed the granting of a SLAPP motion and […]

SLAPP: Lawyer’s Claim To Recover Contingency Fee Was Not Protected Conduct To Justify A SLAPP Motion

Cases: SLAPP

Client’s SLAPP Motion Was Properly Denied.             In Fink & Associates v. Finato, Case No. B325604 (2d Dist., Div. 1 Jan. 19, 2024) (unpublished), a lower court denied former client’s attempt to SLAPP former attorney’s cross-claims to recover a contingency fee after a settlement was reached.  The 2/1 DCA affirmed because the nonpayment of monies

Appealability, SLAPP: Where SLAPP Cross-Defendant Did Not Eliminate All Cross-Claims And Received Less Than Requested SLAPP Fees, Fee Order Was Not Appealable

Cases: Appealability, Cases: SLAPP

No Final Judgment Was Entered, And Collateral Order Doctrine Did Not Apply Because The Fee Order Did Not Order Payment Of Money By Partially Prevailing Cross-Defendant.             Cross-defendant in Delis v. Thorn, Case No. F084879 (5th Dist. Dec. 26, 2023) (unpublished) successfully SLAPP-ed 4 out of 5 cross-claims, moved for mandatory SLAPP fees, and was

SLAPP: Losing Party’s Efforts To Challenge $24,281.50 Fee/Costs Order To Prevailing Defendant, From A $32,799 Ask, Was Rebuffed On Appeal

Cases: SLAPP

Challenges Were To Lower Court’s Discretionary Calls, With The 25% Reduction Below Showing Discretion Was Exercised.             Smith v. Entrepreneur Media, Inc., Case No. G060839 (4th Dist., Div. 3 Dec. 18, 2023) (unpublished), authored by Acting Presiding Justice Bedsworth, is another illustration as to why challenges to the amount of attorney’s fees awarded are on

SLAPP: Lower Court Had Jurisdiction After Plaintiffs’ Dismissal Of Their Complaint, With A SLAPP Motion Pending, To Award Fees To the Defense

Cases: SLAPP

However, Lower Court Had To Determine If SLAPP Motion Had Merits, Which It Did.             In Mendez v. Flores, Case No. C095501 (3d Dist. Dec. 8, 2023) (unpublished), plaintiffs dismissed their complaint after the defense moved to SLAPP it.  The lower court awarded the defense $19,608 in SLAPP fees after determining it had jurisdiction to

Appealability, SLAPP: Where Cross-Defendant’s SLAPP Motion Was Denied, Inclusive Of A Fees Request, Even Though Cross-Complainant Dismissed Its Complaint Before The Ruling Was Final, Cross-Defendant’s Appeal Of The Merits And Fees Denial Were Proper

Cases: Appealability, Cases: SLAPP

It Did Not Matter, Because SLAPP Denial Was Affirmed On Appeal.             Freeman v. LMA & SAI 1433 Wilshire LLC, Case No. B325212 (2d Dist., Div. 7 Nov. 9, 2023) (unpublished) goes to show you that you may hurdle procedural appealability obstacles, only to have the merits affirmed anyway.             In this one, the procedural

SLAPP: Lower Court’s Award Of Partial SLAPP Fees To A Partially Prevailing Defendant Was No Abuse Of Discretion

Cases: SLAPP

Awarding Only 26% Of The Fee “Ask” Showed That Lack Of Total Success Was Credited.             In Fitzgibbons v. Chaudhuri, Case No. E077070 (4th Dist., Div. 2 Nov. 3, 2023) (unpublished), defendant tried to SLAPP a plaintiff’s complaint in entirety, but only obtained a grant to strike certain paragraphs and lines in the complaint.  The

SLAPP: Ross Opinion Is Now Published

Cases: SLAPP

Appellate Court Found That The Entire SLAPP Motion Should Be Granted And The Defense Awarded Fees, Not Having To Resolve The Split Between Coltrain and Liu.             On October 2, 2023, we posted on Ross v. Seyfarth Shaw LLP, Case No. B312337 (2d Dist., Div. 8 Oct. 20, 2023) (published), unpublished at the time but

SLAPP: Partial Reversal Of SLAPP Victories Means That Attorney’s Fees Award To The Defense Had To Be Revisited

Cases: SLAPP

Parsing Out Unsuccessful Work And Assessing Satisfaction Of Litigation Objectives Had To Be Considered On Remand.             In Berry v. Pope Valley Union Elementary School Dist., Case No. A165592 (1st Dist., Div 3 Oct. 10, 2023) (unpublished), defendant District SLAPPed plaintiff’s amended complaint, while another defendant SLAPPed all but one whistleblower claim.  The defendants respectively

SLAPP: Where Lower Court Only Granted Defendants Partial Mandatory SLAPP Fees Based On The Theory They Only Partially Prevailed, Appellate Court Disagreed—Defense Entirely Prevailed

Cases: SLAPP

Result Was That The Total Fee Request Of The Defense Should Have Been Awarded, Not The Scaled Down Order For 80% Of The Request.             In Ross v. Seyfarth Shaw LLP, Case No. B312337 (2d Dist., Div. 8 Sept. 29, 2023) (unpublished), plaintiff brought a suit based primarily on the alleged shoddiness of a CSU

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