Second District, Division Eight Acknowledges Principle in Recent Unpublished Decision.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 In Nejadpour v. Fink, Case No. B204937 (2d Dist., Div. 5 Dec. 10, 2008) (unpublished), plaintiff lost an anti-SLAPP motion and defendant was awarded $9,321 in mandatory fees out of a requested $10,296.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.
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
Plaintiff's Appeal of Anti-SLAPP Fee Denial Was Premature. A plaintiff successfully opposing an anti-SLAPP motion may be entitled to attorney's fees if the motion is determined to have been frivolous or brought solely for the purpose of furthering unnecessary delay. Code Civ. Proc., § 425.16(c). In the case discussed below, defendant lost
Failure to Comply with CRC 3.1702’s Deadline Was Dispositive. California Rules of Court, rule 3.1702 requires that a motion to claim attorney’s fees for services up to and including the rendition of a trial court judgment must be served and filed within the time for filing a notice of appeal, which
Fourth District, Division Three Affirms Case Involving Steve Rocco, But Extraneous Circumstances Confirm the Necessity for an Undertaking on Appeal. In our June 23, 2008 post, we reviewed Dowling v. Zimmerman, 85 Cal.App.4th 1400, 1426-1434 (2001), a decision that held an adverse anti-SLAPP fee award must be bonded to prevent execution
