Judgment Enforcement, SLAPP: Lower Court Did Not Err In Granting Only Minimal Postjudgment Fees/Costs Of $735 To Winning SLAPP Defendant Where Plaintiff Interpled $22,000 As An Undertaking To Secure Underlying Trial-Level SLAPP Fee Award

Requested Fees/Costs Of Almost $6,700 Were Not Reasonable Or Necessary Under CCP § 685.040.

            In Padilla III v. Jakubaitis, Case No. G057424 (4^th Dist., Div. 3 June 30, 2020) (unpublished), a SLAPP defendant successfully had stricken one cause of action, with the trial court awarding it about $14,300 in mandatory fees/costs.  While things were on appeal, plaintiff interpled $22,000 as the equivalent of an appellate undertaking.  However, defendant undertook some postjudgment enforcement efforts, then moving to recover almost $6,700 in fees and costs under CCP § 685.040, a postjudgment fee-shifting statute allowing recovery of reasonable and necessary as collectible costs after the SLAPP grant was affirmed. The trial judge found most of the fees/costs were not reasonable or not necessary, awarding only $735.  Defendant appealed, but the appellate court affirmed because the record showed plaintiff did try to “secure” the trial level fee/costs award, and the defense did not demonstrate its activities met the “reasonable/necessity” standard.  Justice Fybel penned the 3-0 decision for the court.