In City of Colton v. Singletary, Case No. E052377 (4th Dist., Div. 2 May 30, 2012) (certified for publication), cross-defendant was granted a SLAPP motion on two counts of a cross-complaint brought by City, eventually awarded $5,750 in fees and $80 in costs.
City appealed, with the appellate court discussing several SLAPP fee issues.
First, it determined that the fee award was not directly appealable under CCP § 904.1, but was appealable under the collateral order exception.
Second, cross-defendant was indeed the prevailing party on the two counts, but a partial reversal on one of the counts meant that the lower court could revisit the award in light of the partial reversal--although intimating that cross-defendant did indeed win.
Third, cross-defendant’s fee declarations about the work alone sufficed as adequate substantiation for fee motion purposes.
Wigwam Motel, located minutes from Colton. Carol M. Highsmith collection. Library of Congress.