Attorney Disqualification Efforts Properly Excluded.
This one is interesting because it evokes the old adage “be content with what you have; rejoice in the way things are.” In Elliott v. Maland, Case No. D078935 (4th Dist., Div. 1 July 15, 2022) (unpublished), a partially successful SLAPP defendant sought $23,976.50 in attorney’s fees but the trial court disallowed $13,805 relating to attorney disqualification efforts and then reduced further for only partial success on the SLAPP motion. Defendant appealed, seeking more fees, but the appellate court found the lower court’s reduction for disqualification efforts was no abuse of discretion (they were not inextricably intertwined with SLAPP work) and the further reduction for partial success on the SLAPP motion was the proper result under case law.
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