Fee Award Gets Affirmed Automatically If No Other Challenge Is Made Apart From Rejected Underlying Merits Arguments.
Eureka! is likely the cry when a merits judgment is affirmed and no challenge is otherwise made to a fee award.
Birkner v. Lam, Case No. 121981 (1st Dist., Div. 3 Mar. 30, 2009) (unpublished) was an anti-SLAPP proceeding that generated much prior litigation (and some published decisions) on the interaction between the anti-SLAPP statute and the scope of the Civil Code section 47 litigation privilege. At last, the appellate court rejected challenges to the anti-SLAPP motion grant, which had also produced an award of attorney’s fees to the defense totaling $62,087.50. Because the merits challenge was rejected and no other separate challenge was made to the fee award, EUREKA!—the fee award was upheld also.
Library of Congress. Engraving. 1860-70.