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 […]
$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 Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 May 8, 2021) (unpublished) is a case where both a civil harassment fee award and SLAPP denial were in play, with the California Supreme Court on two occasions remanding to the appellate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
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 Facing disaster, plaintiffs in Ryckman v. Drexler, Case No. B319664 (2d Dist., Div. 1 Apr. 28, 2023) (unpublished), voluntarily dismissed their actions in the face of SLAPP motions filed by defendants.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
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 (1st Dist., Div. 3 Mar. 30, 2023) (unpublished), defendants won a SLAPP motion.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
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 Mar. 30, 2023) (unpublished) was a situation where corporate defendants, represented by an individual defendant who was a wholly owned principal, won a SLAPP motion and subsequent fee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
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
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 B307098 (2d Dist., Div. 1 Mar. 22, 2023) (unpublished), the lower court denied a SLAPP motion, which was affirmed in major respects except for granting it on one claim.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
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
However, Certain Costs Were Not Allowed, Incorporating CCP § 1033.5 Restrictions Into SLAPP Costs Recovery. In Jones v. Reekes, Case No. F082866 (5th Dist. Jan. 9, 2023) (unpublished), plaintiffs losing a SLAPP motion challenged the trial court’s award to the defense of $19,900 in fees (including $3,000 for “fees on fees” efforts) and $414.86
Lower Court’s Reduction Of Request For Excessive “Fees On Fees” Upheld In The Process. It is hard to overturn the amount of a mandatory fee award unless it shocks the conscience of the judge or justices reviewing the request for fees. That burden could not be overcome in Koerber v. Project Veritas, Case No.
