SLAPP: $31,990 Fee Award To Winning SLAPP Cross-Defendants Had To Be Revisited When Appellate Court Found SLAPP Motion Only Partially Successful

A “Re-Do” Was In Order Here.

            SLAPP cross-defendants likely were pleased when a trial judge granted a SLAPP motion, followed by a $31,990 fee award based on the mandatory SLAPP fee-shifting statute.  Well, the result was tarnished a bit based on the appellate court’s decision in Sarao v. Barker, Case Nos. B294816/B296391 (2d Dist., Div. 1 Mar. 4, 2020) (unpublished).  On appeal, the 2/1 DCA affirmed in part and reversed in part the SLAPP ruling.  That meant that cross-defendants were only partially successful, such that the fee ruling had to be re-addressed based on cross-defendants’ partial success. 

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