However, They Did Not Get Their Request of $1.9 Million In Fees.
In Six4Three, LLC v. Facebook, Inc., Case Nos. A166007/A167416 (1st Dist., Div. 4 Mar. 12, 2025) (published), seven defendants prosecuted a prior appeal which resulted in the lower court’s granting of SLAPP motions and the later awarding of $683,417.50 in fees and costs to the prevailing defendants. The fees/costs awards were affirmed, even though defendants had requested $1.9 million and plaintiff had argued only $357,000 was warranted as a cumulative award.
The principal issue on appeal was whether fees were allowable for prior appellate work and a motion to seal proprietary information. Because these activities did lead to the granting of the SLAPP motions, that work was “incurred in connection with” the SLAPP motions such that the time was recoverable under the fee shifting statute.