$72,798.65 In Fees And $1,053.50 In Costs Were The Sustained Awards, Plus The Appellate Court Directed The Lower Court To Award Plaintiff Appellate Fees On Remand.
City of Rocklin v. Legacy Family-Adventures-Rocklin, LLC, Case No. C091172 (3d Dist. Dec. 21, 2022) (published) shows how the narrower SLAPP fee-shifting provision can take a bite, allowing fees to a plaintiff who/which shows that the SLAPP motion was frivolous. In this case, some nice fees and costs were awarded at the trial court level (could have been greater, because this was a Sacramento/El Dorado County case where rates are lower), but the winning plaintiff also will get appellate fees as the winner on the defense appeal upon remand to the trial court.
In this one, defendants’ SLAPP motion was denied, with the lower court determining that it was frivolous and awarding plaintiff City $72,798.65 in fees (a little lower than the request of $72,854.41) and $1,053.50 in costs.
Defendants’ appeal was not successful on the merits or on the fees/cost awards. The appellate court agreed that the defense SLAPP motion was frivolous. The defense argument that no 21-day safe harbor notice was given did not resonate because it was forfeited, based on defendants failing to present the argument before the trial judge. With that said, City asked for appellate fees for winning on appeal, with the Third District agreeing appellate fees should be awarded and remanding to the lower court to determine the reasonable amount of fees to be awarded to City. For the defense, OUCH!
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