Cases: SLAPP

SLAPP: Partial Reversal Of SLAPP Victories Means That Attorney’s Fees Award To The Defense Had To Be Revisited

Cases: SLAPP

Parsing Out Unsuccessful Work And Assessing Satisfaction Of Litigation Objectives Had To Be Considered On Remand.             In Berry v. Pope Valley Union Elementary School Dist., Case No. A165592 (1st Dist., Div 3 Oct. 10, 2023) (unpublished), defendant District SLAPPed plaintiff’s amended complaint, while another defendant SLAPPed all but one whistleblower claim.  The defendants respectively […]

SLAPP: Where Lower Court Only Granted Defendants Partial Mandatory SLAPP Fees Based On The Theory They Only Partially Prevailed, Appellate Court Disagreed—Defense Entirely Prevailed

Cases: SLAPP

Result Was That The Total Fee Request Of The Defense Should Have Been Awarded, Not The Scaled Down Order For 80% Of The Request.             In Ross v. Seyfarth Shaw LLP, Case No. B312337 (2d Dist., Div. 8 Sept. 29, 2023) (unpublished), plaintiff brought a suit based primarily on the alleged shoddiness of a CSU

Experts, SLAPP: Lower Court Properly Excluded Generalized Expert Opposition Testimony Where Expert Had No Experience With SLAPP Appellate Work

Cases: Experts, Cases: SLAPP

Result Was An Award Of $19,651 In Attorney’s Fees To Prevailing Defendant For Defending SLAPP Grant On Appeal.             Spielbauer Law Office v. Midland Funding, LLC, Case No. H049662 (6th Dist. June 26, 2023) (unpublished) is a situation where a prevailing defendant in an anti-SLAPP proceeding successfully defended the result on appeal, leading to the

SLAPP: $23,728 In Attorney’s Fees Award To Prevailing Defendant Was No Abuse Of Discretion

Cases: SLAPP

Defendant Originally Requested $37,400, But Plaintiff Appealed The Reduced Fee Award Anyway.             Plaintiff in Capital Wholesale LLC v. Buehring, Case No. C095879 (3d Dist. June 21, 2023) (unpublished) lost a SLAPP motion which resulted in his complaint being stricken and with the lower court awarding the prevailing defendant $23,728 in attorney’s fees out of

SLAPP: What Happens When Some SLAPP Denials Are Reversed And Become SLAPP Grants As Far As Awarding Fees To A Defendant Who Only Partially Prevails On SLAPPing Some Claims?

Cases: SLAPP

Answer:  Partially Prevailing Defendant Gets Trial and Appellate Fees For the SLAPP Grants, But No Fees For Work on SLAPP Denials.             As our post captions above indicate, Peterson v. Harris, Case No. B315356 (2d Dist., Div. 4 June 2, 2023) (unpublished) indicates the attorney’s fees entitlement remedy available to a partially prevailing SLAPP defendant

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

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