Cases: SLAPP

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            As our post captions above indicate, Peterson v. Harris, Case No. B315356 (2d Dist., Div. 4 June 2, 2023) (unpublished) indicates the attorney’s fees entitlement remedy available to a partially prevailing SLAPP defendant […]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             In Briggs v. Elliott, Case No. D080283 (4th Dist., Div. 1 May 26, 2023) (unpublished), two political rivals were involved in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

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             Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 May 8, 2021) (unpublished) is a case where both a civil harassment fee award and SLAPP denial were in play, with the California Supreme Court on two occasions remanding to the appellate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             Facing disaster, plaintiffs in Ryckman v. Drexler, Case No. B319664 (2d Dist., Div. 1 Apr. 28, 2023) (unpublished), voluntarily dismissed their actions in the face of SLAPP motions filed by defendants.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

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