SLAPP: Voluntary Dismissals Did Not Deprive Trial Court Of Ability To Decide An Award Of SLAPP Mandatory Fees To Successful Defendants

However, Trial Court Had To Determine Whether SLAPP Motions Were Meritorious.

            Facing disaster, plaintiffs in Ryckman v. Drexler, Case No. B319664 (2d Dist., Div. 1 Apr. 28, 2023) (unpublished), voluntarily dismissed their actions in the face of SLAPP motions filed by defendants.  The lower court then awarded fees of $29,727.55 to one set of defendants and $21,601.30 to another set of defendants, with no oppositions filed by plaintiffs.

            Plaintiffs argued that the voluntary dismissal divested the lower court of jurisdiction to award fees.  Wrong, it does not.  But the real issue is what did the defense have to prove.  The Second District panel, following a majority of appellate court opinions on this issue, decided that it was necessary to show that the SLAPP motions were meritorious before awarding fees.  That burden was met here such that the fee award was sustained given no challenge to the amount of awarded fees.