Private Attorney General, SLAPP: $86,000 Requested Fee Award In SLAPP And Private Attorney General Contexts Had To Be Remanded For A Possible Award

Election Candidate Issue Was One Of Public Interest.

            In Sandlin v. McLaughlin, Case Nos. G057264/G057420 (4^th Dist., Div. 3 May 19, 2020) (unpublished), a trial judge denied a writ petition by a litigant challenging certain election candidate statements even though the real parties had a pending anti-SLAPP motion.  Later, the lower court denied the SLAPP motion as moot as well as related attorney’s fees motion under the private attorney general statute for a requested $86,000 in fees.

            Real parties got another crack on their fee motions. 

            Their SLAPP motion was not “mooted” by the merits resolution; otherwise, the SLAPP fee-shifting statutes would be a mockery.  With respect to the private attorney general issue, Real Parties were successful (they defeated the writ petition in entirety), and election law issues are ones of public interest.  So, real parties get to go again on their fee requests.  Acting Presiding Justice Aronson authored the 3-0 decision.