Plaintiff’s Appeal of SLAPP Grant Against Another Defendant Did Not Stay Fee Proceedings and Lack of Reporter’s Transcript Showed No Abuse of Discretion In Fee Amount Awarded.
In Shankar v. Shoffner, Case No. B255399 (2d Dist., Div. 5 Apr. 29, 2015) (unpublished), a plaintiff who was SLAPPed for bringing a malicious prosecution claim suffered the further indignity of having one moving defendant obtain a fee recovery of $57,938.50 under the SLAPP fee-shifting statute.
Plaintiff appealed to no avail. His first argument, that the appeal of a SLAPP grant given in favor of another defendant stayed the fee proceeding by the SLAPP winning defendant, did not win because only SLAPP denials usually result in a stay of further proceedings. (Dowling v. Zimmerman, 85 Cal.App.4th 1400, 1427 (2001); Varian Medical Systems, Inc. v. Delfino, 35 Cal.4th 180, 188-189, 195 (2005).) With respect to arguments directed to the timeliness of his opposition and amount of the award, plaintiff’s failure to provide a reporter’s transcript was fatal to review on appeal. (Maria P. v. Riles, 43 Cal.3d 1281, 1295-1296 (1987); Vo v. Las Virgenes Municipal Water Dist., 79 Cal.App.4th 440, 447-448 (2000).)