SLAPP: $30,555 SLAPP Fee Award Reversed And Remanded Where Only Part Of The SLAPP Denial Was Affirmed On Appeal

Reversal Of The Rest Required A Remand To Eliminate Fees Which Were Inappropriately Awarded For Reversed SLAPP Denial Grant.

            Espinoza Bail Bonds, Inc. v. Chuang, Case No. C095258 (3d Dist. May 15, 2023) (unpublished) shows what happens when $30,555 in attorney’s fees are awarded to a cross-defendant on a SLAPP motion, but there is a partial appellate affirmance of the denial but also a partial appellate reversal of the denial as a matter of law.  So, what happens?  Answer:  The matter had to be remanded to have the trial judge determine what portion of the earlier fee award was properly awarded for the correct SLAPP grant and what portion of the fee award had to be excised for an incorrect SLAPP grant (an incorrect grant as a matter of law).  Looks like an apportionment is in order, as we read the appellate opinion.