Cases: SLAPP

Judgment Enforcement, SLAPP: SLAPP Post-judgment Enforcement Fees/Costs Award Affirmed On Appeal

Cases: Judgment Enforcement, Cases: SLAPP

SLAPP-ed Plaintiff/Judgment Debtor Liable For Post-judgment Enforcement Costs Because He Did Not Move To Tax A Post-judgment Enforcement Costs Memo, A Procedural Deadline Which Was Independent Of Any Subsequent Satisfaction Of Judgment Requests.             In Briggs v. Elliott, Case No. D080283 (4th Dist., Div. 1 May 26, 2023) (unpublished), two political rivals were involved in […]

SLAPP: Portions Of Defendants’ Frivolous SLAPP Motions Justified Trial Court And Appellate Fees Under Anti-SLAPP Statute

Cases: SLAPP

Defendants Appealing The Entire SLAPP Denial As To All Claims Resulted In The Ruling.             Nirschl v. Schiller, Case No. B313105 (2d Dist., Div. 4 May 10, 2023) (published) involved SLAPP defendants in a case where only portions of their SLAPP motion as to non-defamation claims were denied and deemed to be frivolous in nature—with

Special Fee Shifting Statutes, SLAPP: $40,000 Civil Harassment Fee Award To The Defense Affirmed, But SLAPP Denial Remanded After California Supreme Court Transfer To See If Step Two Was Satisfied

Cases: SLAPP, Cases: Special Fee Shifting Statutes

$84,150 Civil Harassment Fee Request Reduced By More Than 50%.             Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 May 8, 2021) (unpublished) is a case where both a civil harassment fee award and SLAPP denial were in play, with the California Supreme Court on two occasions remanding to the appellate court on

SLAPP: Voluntary Dismissals Did Not Deprive Trial Court Of Ability To Decide An Award Of SLAPP Mandatory Fees To Successful Defendants

Cases: SLAPP

However, Trial Court Had To Determine Whether SLAPP Motions Were Meritorious.             Facing disaster, plaintiffs in Ryckman v. Drexler, Case No. B319664 (2d Dist., Div. 1 Apr. 28, 2023) (unpublished), voluntarily dismissed their actions in the face of SLAPP motions filed by defendants.  The lower court then awarded fees of $29,727.55 to one set of

SLAPP: Significant SLAPP Prevailing Party Awards Affirmed On Appeal

Cases: SLAPP

Amounts Were Significant.             In Wu v. Lian Tong, Case Nos. A163131 et al. (1st Dist., Div. 3 Mar. 30, 2023) (unpublished), defendants won a SLAPP motion.  We post to show that the defense mandatory fee awards were significant, $115,577.30 for one defendant and $45,031 for another.  Just to show how SLAPP fee awards can

SLAPP: $3,000 SLAPP Fee Award Reversed Because Corporate Defendants’ Attorney Was Also Protecting His Personal Interests, So No Fees Were Warranted

Cases: SLAPP

Court Of Appeal Stirred Between Trope And PLCM Reasoning On Fee Recovery.             Olin v. Grace, Case No. F083969 (5th Dist. Mar. 30, 2023) (unpublished) was a situation where corporate defendants, represented by an individual defendant who was a wholly owned principal, won a SLAPP motion and subsequent fee award of $3,000.  The fee award

SLAPP: Losing SLAPP Litigant Was Saddled With $49,896 In Attorney’s Fees When Defendants Prevailed On SLAPP Motion

Cases: SLAPP

Losing Party’s Expert Declaration Was Deficient, With The Trial Judge Allowed to Bring His/Her Experience When Deciding Reasonableness Of Fees.             We have seen many of these challenges before as to reasonableness of attorney’s fees awards.  To have potential success, a losing party needs to rely on a competent expert having knowledge in the subject

SLAPP: SLAPP Fee Denial After SLAPP Merits Denial Ruling Was An Interlocutory Order Which Could Not Be Appealed Until There Was A Final, Appealable Judgment

Cases: SLAPP

Appellate Court Sustained Most Of The SLAPP Denial, Except For One Claim, So Case Goes On.             In Antonio V. v. Horn, Case no. B307098 (2d Dist., Div. 1 Mar. 22, 2023) (unpublished), the lower court denied a SLAPP motion, which was affirmed in major respects except for granting it on one claim.  After the

Celebrities, SLAPP: $493,135 In SLAPP Fees And Costs Awarded To Phoebe Bridgers For Winning A SLAPP Motion In A Defamation Case Brought Against Her

Cases: Celebrities, Cases: SLAPP

The Request Was $670,510 In Fees And Costs.             Phoebe Bridgers, an indie folk music songwriter-singer, was sued for defamation by music producer Chris Nelson in Los Angeles County Superior Court.  Earlier, she won a SLAPP motion, which allows for imposition of mandatory reasonable attorney’s fees and costs against the non-prevailing plaintiff.  She moved for

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