Shoen v. Vista Lanai Apts. Partnership, Case No. B260726 (2d Dist., Div. 5 Aug. 5, 2015) (unpublished).
An appeal of a SLAPP grant and a subsequent order granting SLAPP fees to the prevailing was dismissed. The appeal of the SLAPP grant was untimely, with losing plaintiffs going 30 days past the jurisdictional 180-day deadline under the circumstances. Just as critical, plaintiffs’ notice of appeal made no reference to the fees issue constituting a jurisdictional defect (Martin v. Inland Empire Utilities Agency, 198 Cal.App.4th 611, 632-633 (2011); Polster, Inc. v. Swing, 164 Cal.App.3d 427, 436 (1985)), and the opening brief made no reference to the fee issue such that the contention was forfeited.
Wilkes v. Bongo LLC, Case No. B258794 (2d Dist., Div. 5 Aug. 4, 2015) (unpublished).
Plaintiff beat back a defense SLAPP motion, but the trial court denied awarding fees to plaintiffs on the basis that the SLAPP motion was frivolous in nature—given that this is the only ground justifying an award against a defendant under CCP §425.16(c). The appellate court found no abuse of discretion but also found the lack of a reporter’s transcript was similarly fatal (given no transcript was submitted either by the defense in filing a non-winning appeal of the SLAPP denial or by plaintiff in its cross-appeal of the SLAPP fee denial).