Plaintiff Now Facing A Third Round Of Fees From Second Unsuccessful Appeal.
After settling a case brought against his company by a former employee, plaintiff in Uziel v. Employment Lawyers Group, Case No. B299226 (2d Dist., Div. 4 June 26, 2020) (unpublished), filed a lawsuit claiming misconduct against defendant law firm that had represented former employee. Defendant successfully SLAPPed back, and plaintiff filed his first appeal in the case. When the 2/4 DCA affirmed the lower court’s order – concluding plaintiff could not prevail on any of his claims against defendant’s protected activity in prosecution of the former employee’s action – plaintiff unsuccessfully petitioned the appellate court for a rehearing, then filed an unsuccessful petition to the California Supreme Court for review.
Meanwhile, defendant was awarded $14,120 in trial related attorney fees and costs. A little over a year later, defendant also received an award of $31,779.67 in appellate attorney fees. About a month later, the trial court entered judgment and incorporated its prior SLAPP and attorney fees/costs orders.
Once again, plaintiff unsuccessfully appealed – attempting to include in his appeal the trial court’s order on the anti-SLAPP motion and arguing it was warranted based on his former counsel’s declaration filed with the trial court and Amicus Curiae letter filed with the Supreme Court for review. This argument went nowhere as both the trial court and appellate court were precluded from reopening plaintiff’s case. The trial court’s order dismissing plaintiff’s case was final upon the 2/4 DCA’s issuance of the remittitur affirming the trial court’s order – which issuance followed plaintiff’s unsuccessful petition to the California Supreme Court.
As to the attorney fees, plaintiff had missed the deadline for appealing defendant’s trial related fees/costs award. Incorporation of the trial related fees/costs award in the later entered judgment did not reinstate or extend plaintiff’s deadline. As to the awarded appellate attorney fees, plaintiff failed to offer any argument or legal authority – thereby forfeiting the issue.
Unfortunately for plaintiff, it looks like he is likely headed back to the trial court for another round on yet more attorney fees. The 2/4 DCA ordered defendant is to recover its costs and attorney fees on this second appeal.
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