On Remand, Trial Judge Can Try To Correct.
In the SLAPP area, a trial judge can award attorney’s fees against a party losing a SLAPP motion if the motion is deemed to be frivolous. However, the frivolity determination has to meet certain standards under prior (now resurrected) CCP § 128.5.
The order of frivolousness was not up to snuff in Jones, Bell et al. v. Becerra, Case No. B255418 (2d Dist., Div. 8 May 8, 2015) (unpublished). The reason is that it did not recite the conduct that resulted in the conclusion that the SLAPP motion was frivolous, neither adopting the prevailing party’s arguments nor incorporating a written tentative decision. So, the fee entitlement award had to be reversed and remanded to see if the trial court could recite the frivolous conduct so as to justify a fee award.
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