Appeals Sanctions, SLAPP: After Affirming SLAPP Denial, Appellate Court Granted Frivolous Appeal Sanctions To Prevailing SLAPP Litigant As Well As Costs To Clerk For Working On The Appeal

Sanctions Award Mooted Any Need For Trial Court To Consider Appellate Fees For The Frivolous SLAPP Motion.

            Workman v. Colichman, Case No. B285945 (2d Dist., Div. 4 April 2, 2019) (published) (posted April 3, 2019) is an interesting study in how an appellate court will attempt to avoid remand proceedings where a result is clear.

            What happened is that the defense won a SLAPP motion, which was appealed but with the trial court denying the defense request for SLAPP attorney’s fees because the motion was frivolous in nature. The 2/4 DCA affirmed the SLAPP denial, but decided that the SLAPP motion was frivolous as was appellant’s appeal. Although trial court fees for the frivolous motion were still in play, the Court of Appeals decided that instead of remanding to the trial court to award appellate fees for the SLAPP win, it would assess sanctions against appellant and its attorney to the tune of $35,985 for respondent’s work and to the tune of $8,500 for the appellate costs to work up the appeal. Respondent also was entitled to routine costs on appeal.