SLAPP: Close To $43,000 Fee Award Against Defendant Losing A SLAPP Motion Affirmed On Appeal

Although It Was A Close Call, Frivolity Determination Was No Abuse Of Discretion.

            A lower court in Edward v. Ellis, Case No. G060310 (4^th Dist., Div. 3 June 28, 2022) (unpublished) denied a SLAPP motion and found that the motion was frivolous, such that a defendant was hit with about $43,000 in SLAPP attorney’s fees where frivolity was shown.  The appellate court affirmed.  Although finding it was a close call, the reviewing court could not find the determination was an abuse of discretion.  Acting Presiding Justice Goethals authored the decision.