Cases: SLAPP

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             Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 May 8, 2021) (unpublished) is a case where both a civil harassment fee award and SLAPP denial were in play, with the California Supreme Court on two occasions remanding to the appellate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             Facing disaster, plaintiffs in Ryckman v. Drexler, Case No. B319664 (2d Dist., Div. 1 Apr. 28, 2023) (unpublished), voluntarily dismissed their actions in the face of SLAPP motions filed by defendants.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 (1st Dist., Div. 3 Mar. 30, 2023) (unpublished), defendants won a SLAPP motion.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 Mar. 30, 2023) (unpublished) was a situation where corporate defendants, represented by an individual defendant who was a wholly owned principal, won a SLAPP motion and subsequent fee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

SLAPP: $19,900 Defense Fee Award Affirmed On Appeal, Despite Hefty “Fees On Fees” Motion Request

Cases: SLAPP

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

SLAPP: SLAPP Fee And Costs Award Totaling $40,942 Is Sustained On Appeal

Cases: SLAPP

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.

SLAPP: $49,000 Prevailing Defendant Attorney’s Fees Award Affirmed On Appeal

Cases: SLAPP

Plaintiffs Appealed, To No Avail, Even Though The Lower Court Reduced A Larger Request Of $221,510.50 And A Smaller Alternative Request Of $127,498.69.             This next case, Elliott v. Tyerman, Case No. B316104 (2d Dist., Div. 5 Dec. 22, 2022) (unpublished), illustrates that a litigant who has been hit with a substantially reduced SLAPP fee

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