Raise the Argument Before the Trial Court!
SLAPP has a mandatory fee-shifting provision that favors successful defendants. In Vafi v. Heather McCloseky, Case No. B223237 (2d Dist., Div. 8 Mar. 22, 2011) (certified for partial publication; fee discussion unpublished), defendants won a SLAPP motion below and also garnered a $14,327 fee award. Plaintiff appealed
The defense affirmed both the merits and fee award.
However, in a cruel twist of fate, plaintiff actually had a good challenge to the fee recovery on appeal–attorneys represented themselves in the SLAPP motion and this will not give rise to recovery under the Trope rule. (Taheri Law Group v. Evans, 160 Cal.App.4th 482 (2008).) But plaintiff never raised this argument below, so that it was deemed forfeited on appeal because an appellate court has discretion to consider purely legal issues anew. It decided not to in this case. Moral of this one: raise your arguments before the trial court, as any good appellate practitioner would remind you.