Civil Code Section 1717 And Anti-SLAPP: Fee Awards Affirmed Where Merits Determinations Were Sustained On Appeal

Dalis v. Reinhard, Case No. H031637 (6th Dist. Apr. 8, 2009) (unpublished).

     In this one, defendant was awarded $353,607.96 in attorney’s fees when he prevailed on 12 of 13 causes of action in an action brought by a Trust upon a nonrecourse promissory note with a fees clause. Defendant did prevail, and the merits defense judgment was affirmed when the appellate court found the nonrecourse note was not unconscionable in nature. That meant the fee award was left intact for a jubilant defendant.

Image, Source: digital file from intermediary roll film

Jubilant spectators at football game.  1943.  Library of Congress.

Conlon v. Teters, Case No. D052357 (4th Dist., Div. 1 Apr. 8, 2009) (unpublished).

     Here, defendant won an anti-SLAPP motion, which carries a mandatory award of reasonable attorney’s fees and costs by the trial court. The lower court awarded defendant fees of $6,916. This award held up when the appellate court sustained the merits of the lower court’s determination that defendant properly “SLAPPed” claims based on the Civil Code section 47(b) absolute official proceedings privilege.

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