Lower Court’s Refusal to Award Fees Reversed.
CCP § 425.16(c)(1) requires a mandatory award of sanctions if the trial court determines an anti-SLAPP motion is frivolous or intended to cause unnecessary delay.
Plaintiff in Shukartsi v. Kesselman, Case No. B235190 (2d Dist., Div. 8 Oct. 19, 2012) (unpublished) lost a SLAPP motion, with the appellate court affirming the determination that the claims did not arise from protected activity. However, the lower court refused to award the defense sanctions under section 425.16(c)(1). That latter determination was reversed in Shukartsi, with the appellate court determining that no reasonable attorney would file such a meritless motion. Not only was the matter remanded for the trial court to fix motion fees to the defense, but defendants also gets to put in a request for appellate fees as a result of their victory. Double ouch!