SLAPP: Although Defendant’s SLAPP Motion Was Frivolous, $5,000 Fee Award Was Reversed As A Matter Of Law Because Plaintiff Law Firm Represented Itself In The SLAPP Proceedings

Self-Represented Attorney Cannot Get Sanctions For Frivolous SLAPP Motion.

            In the SLAPP area, a trial judge can award fees as sanctions against a defendant which files a frivolous SLAPP motion.  That did occur in Stuart Kane LLP v. The Law Offices of J.D. Cuzzolina, Esq., Case No. G060172 (4^th Dist., Div. 3 Apr.27, 2022) (unpublished), with the lower court awarding plaintiff $5,000 in costs and fees as against defendants in the form of sanctions.  (Code Civ. Proc., § 425.16(c)(1).)  The $5,000 sanctions award was reversed as a matter of law because plaintiff law firm represented itself, and a self-represented attorney cannot obtain sanctions under CCP § 128.5 (which is incorporated into the frivolous SLAPP sanctions provision).  (Musaelian v. Adams, 45 Cal.4^th 512, 520 (2009).)