SLAPP: $48,602 Fee Recovery In Malicious Prosecution Action Affirmed On Appeal

 

Case Was Complex And Involved Unique Issues.

    In El Monte Rents, Inc. v. Aequitas Law Group, Case No. B256665 (2d Dist., Div. 7 May 17, 2016) (unpublished), the defense was granted attorney’s fees of $48,602 out of a requested $50,0004 in a SLAPP grant in a malicious prosecution action.  The appellate court affirmed, determining the case was complex and involved unique issues.  It also confirmed that the lodestar methodology should be used in SLAPP fee proceedings.  Also of interest, it sustained objections to declarations which were argumentative in nature—something we litigators see all the time.

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