SLAPP: $3,150 In Attorney’s Fees Awarded Against Defendant For Frivolous SLAPP Motion Affirmed On Appeal

 

     In Mendoza v. Hamzeh, Case No. 239245 (2d Dist., Div. 1 Apr. 22, 2013) (partially published, fee discussion not published), a defendant attorney lost a SLAPP motion, which usually does not result in an adverse fee award unless the SLAPP motion was frivolous.

     Both the lower and appellate courts determined that the motion was frivolous, because extortionist demands by attorney were not protected activity. With that said, the consequential $3,150 fee award against defendant was easily sustained upon review.

     Justice Chaney was the author of the 3-0 opinion.

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