POOF!/SLAPP: Trial Court Erred In Awarding Fees To SLAPP Winner After Determining It Lacked Subject Matter Jurisdiction Over The Case

 

$2,575.04 Fee Award to State Bar Went Away.

     Barry v. The State Bar of California, Case No. B242054 (2d Dist., Div. 2 Aug. 21, 2013) (published) involved an attorney who challenged a stipulation she reached with the State Bar resolving two disciplinary cases against her. She filed a civil action seeking to set aside the stipulation and obtain monetary damages as well as sought a jury trial on the State Bar disciplinary charges. The trial court granted State Bar’s SLAPP motion, finding that the action had no merit because the trial court lacked jurisdiction to adjudicate plaintifff’s claims--because the California Supreme Court and its administrative arm, the State Bar, had the jurisdiction to do so. The lower court also awarded $2,575.04 in fees to State Bar as the prevailing party.

     The fee award was reversed. Basis, you ask? Answer: The lack of subject matter jurisdiction in the case precluded the lower court from ruling on the State Bar’s SLAPP motion, which meant that the corresponding fee award went POOF!