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« Substantiation Of Fees: Fifth District Finds Fee Denial Altogether Was Erroneous For Overly Redacted Billing Records | Main | Prevailing Party/Section 998: Fourth District, Division 3 Unpublished Opinion Explores Nuances In Scope of 998 Offers And Prevailing Party Status When No Monetary Relief Obtained After Factoring of Prior Credits »

March 31, 2011

Comments

sja

The problem with the court's analysis here is that it employs judicial petition cases (Equilon, Bernardo and Premier) involving fee shifting between private parties to support an award in a general petition (suit against govt.) case. In the context of citizen suits petitioning government for redress of grievances an award of fees against a citizen becomes a burden upon the citizen's right to try and correct governmental malfeasance. Such awards chill the exercise of petitioning rights and are counter to the very purpose behind the anti-SLAPP law. See -
http://works.bepress.com/stevenjandre/9/
The court does not consider this distinction.

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