SLAPP: SLAPP Fee And Costs Award Totaling $40,942 Is Sustained On Appeal

Lower Court’s Reduction Of Request For Excessive “Fees On Fees” Upheld In The Process.

            It is hard to overturn the amount of a mandatory fee award unless it shocks the conscience of the judge or justices reviewing the request for fees.  That burden could not be overcome in Koerber v. Project Veritas, Case No. B298540 (2d Dist., Div. 3 Dec.23, 2022) (unpublished).  The lower court granted the defense $40,942 in fees and costs for prevailing on a SLAPP motion, reducing the requested amount of $44,422—principally for excessive “fees on fees.”  The reviewing court found no abuse of discretion.