SLAPP: $21,506.25 Fee Order For Frivolous SLAPP Motion Reversed When Appellate Court Found SLAPP Motion Had Partial Merit Based On Litigation Privilege

 

Appellate Opinion Also Has Interesting Published Discussion on Tentative Ruling Acquiescence.

     In Mundy v. Lenc, Case No. B227962 (2d Dist., Div. 2 Feb. 29, 2012) (certified for partial publication; fee discussion not published), disabled plaintiff/cross-defendant litigant and his attorney was hit with a $21,506.25 fee award for bringing a “frivolous” SLAPP motion. (NOTE TO READERS: Although there is case law indicating that a losing SLAPP plaintiff’s attorney is not liable for fees, the rule does not necessarily apply to a losing SLAPP defendant’s attorney bringing a frivolous motion--this is more like a sanction than simple fee-shifting.) However, the appellate court found that cross-defendant should have won some part of his SLAPP motion based on the litigation privilege. This meant that the fee award went POOF!; after all, the SLAPP motion had partial merit, so it could hardly be labeled as frivolous in nature. (Gerbosi v. Gaims, Weil, West & Epstein, LLP, 193 Cal.App.4th 435, 450 (2011).)

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