SLAPP Denial Reversed And No Appellate Sanctions Were Warranted.
This next case involves a lawsuit brought by Glenn Symmonds, a drummer who was terminated by Edward Joseph Mahoney, aka Eddie Money, a singer and songwriter who performs in concerts across the country. Symmonds sued Eddie and his entertainment company, prompting a SLAPP motion which was denied. The 2/1 DCA, in Symmonds v. Mahoney, Case No. B283529 (2d Dist., Div. 1 Feb. 1, 2019) (published), reversed because the protected conduct prong was met and the lower court then had to proceed to an examination of the merits prong. Symmonds asked the appellate court to find that the SLAPP motion itself was frivolous, but that request was rejected because no authority was presented (given that this is the trial judge’s job). Symmonds also asked for appellate sanctions, but the reversal mooted it anyway, and such a request was procedurally improper given that it must be accomplished through a separate motion (not just a request in a respondent’s brief).