SLAPP: $500 Contractual Fee Cap In Contractual Fees Clause Did Not Govern Recovery To Prevailing SLAPP Party

No Authority Cited To Engraft Contract Principle Into SLAPP Recovery.

            We do have to hand it to the non-prevailing party on a SLAPP motion for creativity.  In Ricketts v. Integrity Property Management, Case No. B302685 (2d Dist., Div. 5 Apr. 27, 2021) (unpublished), a non-prevailing SLAPP litigant argued that mandatory SLAPP fees were “capped” based a contractual fees clause which capped things at $500 (which is enforceable in a contract dispute, we believe).  No go, said the 2/5 DCA—appellant cited no authority that mandatory SLAPP fees were governed by the contractual agreement by the parties otherwise.