Cases: SLAPP

Appealability, SLAPP: Reversal Of Defendant’s SLAPP Motion Vacated Fee Award, But Plaintiff’s Motion For Sanctions Was Not Appealable

Cases: Appealability, Cases: SLAPP

Everyone Gets To Keeping Litigating!                In Sayarad v. Butler-Lopez, Case No. A166884 (1st Dist., Div. 1 May 6, 2024) (unpublished), plaintiff suffered a partial grant of a SLAPP motion, resulting in an adverse attorney’s fees award as to one defendant of $42,031.50, and with the lower court denying plaintiff’s motion for sanctions based on […]

Deadlines, SLAPP: Lower Court Erred In Not Adjudicating Merits Of SLAPP Motion In Dismissed Case And Then Determining If Attorney’s Fees Were Warranted

Cases: Deadlines, Cases: SLAPP

Renewed Fee Motion Was Timely, Where Original Fee Motion Was Filed Within Deadlines.                In Shih v. Max, Case No. B324437 (2d Dist., Div. 1 Apr. 29, 2024) (unpublished), lower court denied two defendants’ SLAPP fee motions as moot after plaintiffs voluntarily dismissed their complaint before the SLAPP motion could be heard, although there were

Appealability, SLAPP: Much Diminished Fee Recovery By Three Defendants Prevailing On SLAPP Motions Affirmed On Appeal

Cases: Appealability, Cases: SLAPP

Plaintiff’s Appeal Of The Later Judgment Incorporating Fees Was Appealable, But Lower Court’s $62,500 Fee Award Was No Abuse Of Discretion.                In Norman v. Ross, Case Nos. B316971 et al. (2d Dist., Div. 4 Apr. 23, 2024) (partially published; fee discussion not published), three defendants won a SLAPP motion on plaintiff’s claims, while two

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             In Fink & Associates v. Finato, Case No. B325604 (2d Dist., Div. 1 Jan. 19, 2024) (unpublished), a lower court denied former client’s attempt to SLAPP former attorney’s cross-claims to recover a contingency fee after a settlement was reached.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

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