Second District, Division 7 Finds No Basis to Reduce Fee Award to Anti-SLAPP Victor Any Further. If you are going to challenge the award of a mandatory fee to an anti-SLAPP victor, the message from the next case is to make sure that you have an appealable fee order and that you provide substantiated […]
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 The breadth of discretion is illustrated in the next unpublished decision
Part 2 of 2 – We Finish Off With The Last Five Cases And An “Honorable Mention” Oh, the suspense … and the ball has not yet dropped from above Times Square. You have to go to our prior post to see the first part of this list. Here is the rest of
Who Says David Letterman Has The Only Good “Top Ten List”? Part 1 of 2: Five of the Top Ten Decisions We may not have the panache of David Lettermen, but we do offer our “Top Ten List” of 2008 attorney’s fees decisions although we have no guest star to count them off!
Second District, Division Eight Acknowledges Principle in Recent Unpublished Decision.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?
$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 In Nejadpour v. Fink, Case No. B204937 (2d Dist., Div. 5 Dec. 10, 2008) (unpublished), plaintiff lost an anti-SLAPP motion and defendant was awarded $9,321 in mandatory fees out of a requested $10,296.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
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
First District, Division Three Rejects Challenges to Award Advanced by Appealing Plaintiff Hit With Fee Award. An anti-SLAPP prevailing defendant is entitled to a mandatory award of fees. Code Civ. Proc., § 425.16(c). However, as with many fee shifting statutes, the amount of fees to be awarded is usually the key contested issue.
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
We Believe That the Second District Has Blazed the Trail—The Trial Court Must Decide the Merits of the Motion and then Determine if There Is Fee Entitlement. In our category “SLAPP,” we have discussed numerous decisions which have confronted making a mandatory award of attorney’s fees to a defendant prevailing on an anti-SLAPP motion.
