SLAPP: Losing Cross-Complainant Presented Inadequate Record Or Merits Argument To Overturn SLAPP Fee Recovery In Favor Of Cross-Defendant

 

Record Inadequacy Was Fatal.

     Cross-complainant appealed after getting assessed with attorney’s fees in favor of a cross-defendant successfully SLAPPing the cross-complaint in Moody v. Lanak & Hanna, P.C., Case No. E059515 (4th Dist., Div. 2 Feb. 27, 2015) (unpublished). He did not get any change in result, mainly because he did not present an adequate record—failing to include the motion for fees filed by cross-defendant or a transcript of the hearing on the fee motion. Also, the merits arguments were unclear such that the judgment was presumed correct.

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