However, Time For Filing Fee Motion Does Not Run Until Entry of Judgment Concluding Entire Action.
The next one is a case involving an appeal from a SLAPP grant by Los Angeles County Superior Court Judge Terry A. Green, who co-contributor Mike has had the pleasure of appearing before in a wage/hour case.
In Nathan Enterprises Corp. v. Chaker, Case Nos. B216582/B220610 (2d Dist., Div. 4 Sept. 24, 2010) (unpublished), Judge Green had granted a defense SLAPP motion in entirety on 3 claims. He also awarded $8,000 out of a requested $15,123.61 in attorney’s fees to winning defendant.
On appeal, the appellate court sustained the SLAPP grant as to 2 claims, but reversed as to a malicious prosecution claim. This meant that the fee award had to be reconsidered, determining if defendant was the “prevailing party” under the SLAPP mandatory fee-shifting statute (Code Civ. Proc., § 425.16(c)).
However, there is an important procedural timing reminder that stems from this decision. Losing plaintiff argued that the SLAPP fee application was untimely because it was filed more than 60 days after the superior court entered its SLAPP grant order. Wrong, said the appellate panel. The time limits for filing a SLAPP fee motion do not commence to run until entry of judgment at the conclusion of the litigation, which meant defendant’s fee application was timely. (Carpenter v. Jack in the Box Corp., 151 Cal.App.4th 454, 468 (2007).)