Cases: SLAPP

Anti-SLAPP: Trial Court Has Discretion To Reduce Lodestar and Award Fees Reasonably Expended By Counsel

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

  Second District, Division 8 Reduces Requested Fees/Costs From $7,737 to $2,580 to Winning Anti-SLAPP Victor.      Discretion, discretion, discretion. Awfully tough standard to win on appeal in any context, even when you win fees as a victorious plaintiff successfully prosecuting an anti-SLAPP motion. The breadth of discretion is illustrated in the next unpublished decision […]

Anti-SLAPP: Appellate Defendants Successful In Sustaining SLAPP Fee Awards On Appeal Entitled To Further Fees

Cases: SLAPP

Second District, Division Eight Acknowledges Principle in Recent Unpublished Decision.      By now, we all know that successful defendants in an anti-SLAPP proceeding are entitled to a mandatory attorney's fees award. (Code Civ. Proc., § 425.16(c).) So, what about fees on appeal to a defendant/respondent successfully defending the grant of an anti-SLAPP motion?

Anti-SLAPP: Court of Appeal Affirms Attorney’s Fees Award To Defendant SLAPP Winner

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

$9,321 Award Sustained Where No Error Shown By Losing Plaintiff.      In Nejadpour v. Fink, Case No. B204937 (2d Dist., Div. 5 Dec. 10, 2008) (unpublished), plaintiff lost an anti-SLAPP motion and defendant was awarded $9,321 in mandatory fees out of a requested $10,296. The trial court actually accepted plaintiff’s argument that some discovery fees

Anti-SLAPP: Losing Plaintiff Has To Pay Fees When Challenge On The Merits Is Affirmed On Appeal

Cases: SLAPP, Cases: Substantiation of Reasonableness of Fees

Plaintiff’s Failure to Challenge Specifics of Fees Award Ends the Matter.      The next case we discuss confronts somewhat conflicting themes in our whole blog. The amount of attorney’s fees award is usually a discretionary call reviewed under a deferential abuse of discretion standard. However, if one appeals and only challenges the correctness of the

Anti-SLAPP Fee Award Is Affirmed; No Apportionment Necessary Because Common Legal Issues Inextricably Intertwined With Merits

Cases: Allocation, Cases: SLAPP, Cases: Standard of Review

  Fourth District, Division Two Also Awards $6,000 Appellate Attorney’s Fees Without Remanding Back to Trial Court.      Defendant won three successive anti-SLAPP motions that were affirmed on appeal. Defendant was entitled to a mandatory fee award under Code of Civil Procedure section 425.16(c). Defendant requested that the lodestar fees of $55,505 (based on a

Cross-Complainant Hit With Anti-SLAPP Fees Failed To Preserve Challenge By Separately Appealing Fee Grant Order

Cases: Appealability, Cases: SLAPP

  Fourth District, Division One Refuses to Consider the Fee Grant Issue.               Cross-complainant failed to beat an anti-SLAPP motion and was ordered to pay successful cross-defendants $3,998 in attorney's fees and $80.00 in other costs.  The final judgment granting the anti-SLAPP motion was silent as to both entitlement to or amount of fees

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