SLAPP: Where In Pro Per Litigant Hired An Assisting Attorney To Help With A SLAPP Motion And Apportioned Requested Fees 50% To Reflect Winning On One Out Of Two Claims, Appellate Court Affirmed Trial Judge’s SLAPP Fee Award

A Little Over $38,000 Was The Final Fee Award.

            Although an in pro per litigant cannot obtain a SLAPP fees award, he can get an award where he retains an attorney to assist him with prosecuting a SLAPP motion, even if the attorney is not of record.  (Witte v. Kaufman, 141 Cal.App.4^th 1201, 1207 (2006); Mix v. Tumanjan Development Corp., 102 Cal.App.4^th 1318, 1324 (2002).)

            An in pro per litigant and his retained attorney won a reversal of a SLAPP denial on one claim, then sought mandatory, reasonable SLAPP fees in Zilberstein v. Petersen, Case No. B311978 (2d Dist., Div. 4 Apr. 13, 2022) (unpublished).  But they did a smart thing:  they only asked for 50% of the incurred fees based on a 50% victory.  Both the trial and appellate courts liked this apportionment approach, with the appellate court sustaining the lower court’s entire award of the requested approximately $38,000 in fees for the SLAPP win.