Cases: SLAPP

Winning Anti-SLAPP Defendant Receives Less Than 10% Of Requested Fees

Cases: Billing Record Substantiation, Cases: SLAPP, Cases: Standard of Review

Fourth District, Division Three Affirm Lower Court Determination That Requested Fees Were Excessive–Involving Overstaffing, Vague Block Billing, and Billing for Anti-SLAPP Motion Tasks.             Prevailing defendants in anti-SLAPP proceedings are entitled to attorney’s fees and costs.  Code Civ. Proc., § 425.16(c).  However, the prevailing defendant can only recover for anti-SLAPP activities, not […]

Sleepless In Northern California Might Reap You Anti-SLAPP Motion Attorney’s Fees As The Prevailing Defendants

Cases: SLAPP, Cases: Standard of Review

First District Affirms Fee Award to Homeowners’ Association, Association President, and Sleepless Resident Prevailing on an anti-SLAPP Motion.             Unless you are an Iron Man or a fortunate individual with a high metabolism, sleep is a precious commodity.  Loss of sleep can definitely impede quality of life for many people.  Sometimes, as

Anti-SLAPP Fee Award: Don’t Wait Until Final Judgment Issued—Appeal From Prior Order Granting Fees Where Earlier Dismissal Of Entire Complaint Has Occurred

Cases: Appealability, Cases: SLAPP

First District Unpublished Decision So Counsels, Dismissing Appeal Where Anti-SLAPP Plaintiff Failed to Timely Appeal from Fee Recovery Order.             Melbostad v. Fisher, Case No. A119514 (1st Dis., Div. 4 July 23, 2008) (unpublished) is must reading for litigants and practitioners with respect to what orders should be appealed from in order

Prevailing Anti-SLAPP Plaintiff Does Not Obtain Fee Recovery From Losing Defendant Unless the Anti-SLAPP Motion Was Frivolous Or Intended Solely to Cause Unnecessary Delay

Cases: SLAPP

Second District Affirms Trial Court’s Decision to Decline Awarding Fees to a Prevailing Anti-SLAPP Plaintiff.             Under Code of Civil Procedure section 425.16(c), a prevailing anti-SLAPP defendant is entitled to mandatory fee recovery for winning a special motion to strike.  However, the same subsection provides that a prevailing anti-SLAPP plaintiff only obtains

Anti-Slapp Victor Awarded Attorney’s Fees After Appellate Court Reversal

Cases: SLAPP

Third District Finds That Victor, On Remand, Adequately Justified Fee Recovery Based on Work of Independently Retained Attorney.             The anti-SLAPP procedure allows prevailing defendants a mandatory award of attorney’s fees.  Code Civ. Proc., sec. 425.16(c).  The next case is a remand situation from a prior appellate reversal, showing that a fee

SUCCESSFUL ANTI-SLAPP DEFENDANT CANNOT RECOVER ATTORNEY’S FEES FOR PREVAILING FROM “SLAPPED” PLAINTIFF’S ATTORNEY

Cases: SLAPP, Cases: Special Fee Shifting Statutes

First District So Holds In Unpublished Decision and Modifies Judgment So That Attorney Is Not Held Liable for Anti-SLAPP Fees.             Under Code of Civil Procedure section 425.16(c), a prevailing defendant on an anti-SLAPP motion is entitled to recover attorney’s fees and costs.   This has been interpreted to mean the losing plaintiff

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