Plaintiff’s Aggressive Litigation Tactics Justified The Amount Of The Fee Award.
In OneTaste Incorporated v. NetFlix, Case No. B342250 (2d Dist., Div. 3 Jan. 8, 2026) (unpublished), plaintiff lost a SLAPP motion targeted against his defamation suit (the merits of which were affirmed in an earlier appellate court opinion), with the lower court awarding the SLAPP prevailing defendant the fully requested fees of $251,870 and costs of $3,780.51. Plaintiff’s principal argument was that the fee proceeding was stayed while the merits appeal was pending, a challenge rejected by the appellate panel. (Robertson v. Rodriguez, 36 Cal.App.4th 347, 360 (1995).) With respect to the amount of the fee award, that was warranted based on plaintiff’s litigation tactics during the SLAPP proceeding.
