SLAPP Fee Motion Entertainable During Appeal Of Merits SLAPP Grant.
Plaintiff, a political cartoonist and blogger, sued certain defendants for certain tort claims (including defamation), with defendants successfully SLAPP-ing the case, which carries mandatory fee recovery. Although plaintiff appealed the merits in an earlier appeal, the appellate court concluded that the SLAPP grant was successful. After the initial SLAPP grant and during the pendency of the prior unsuccessful appeal, defendants moved for SLAPP fees. The lower court was persuaded, granting $352,736.14 against plaintiff.
Plaintiff’s appeal in Rall v. Tribune 365 LLC, Case No. B287721 (2d Dist., Div. 8 April 17, 2019) (unpublished) was unavailing. The main argument was that the trial judge could not decide the fees motion while the merits SLAPP appeal was pending. Not so. (Carpenter v. Jack in the Box Corp., 151 Cal.App.4th 454, 460-461 (2007).) Besides that, the appellate court was not impressed with plaintiff’s “disrespectful and baseless attacks upon the trial court and his rantings against the legal system.” (Slip Op., p. 6.) Plaintiff also was exposed to further costs and fees for losing the appeal. Lesson: even for First Amendment advocates, pick your spots carefully, especially where there is SLAPP exposure should you lose.