Result Was Affirmance Of Trial Court Award Of $16,289.11 In Fees/Costs For The Defense.
In Dellinger v. Harn, Case No. C082821 (3d Dist. June 28, 2018) (unpublished), plaintiff (a government relations and political consultant) earlier won a jury trial by which a jury said he did not have to return $10,000 paid to him by the Pioneer Fire District. However, plaintiff wanted to be paid a remaining $12,000 of his receivable, work he claimed to have been “stiffed” on by the governmental district. He filed a complaint to collect the other $12,000, but was “SLAPP-ed” by the defendants (both the district and El Dorado County). Then, defendants sought SLAPP fees totaling $14,392.42. Plaintiff did not oppose the motion, with the trial judge granting the defense $16,289.11 in fees and costs.
Plaintiff’s appeal was unsuccessful. First of all, by failing to oppose the fee motions in the trial court, he forfeited his right to do so on appeal. Second, he did not provide the fee motions and did not have adequate citations to the record in his appellate brief. Third, because he never filed an appeal from the merits determination, the appellate court could not determine the propriety of the merits with respect to overturning the fee award, which was affirmed by the Third District panel hearing the cause.