Special Fee Shifting Statutes, SLAPP: $40,000 Civil Harassment Fee Award To The Defense Affirmed, But SLAPP Denial Remanded After California Supreme Court Transfer To See If Step Two Was Satisfied

$84,150 Civil Harassment Fee Request Reduced By More Than 50%.

            Geiser v. Kuhns, Case No. B279738 (2d Dist., Div. 5 May 8, 2021) (unpublished) is a case where both a civil harassment fee award and SLAPP denial were in play, with the California Supreme Court on two occasions remanding to the appellate court on the SLAPP issue. 

            In this one, the defense was found to have prevailed under the civil harassment petition fee shifting statute, finally obtained affirmance of a $40,000 award after the lower court reduced it from the $84,150 “ask.”  The lower court’s ruling was no abuse of discretion, and plaintiff’s math to the contrary did not add up.

            The SLAPP issue was a little more complicated.  After transfer from the state supreme court the last time, the appellate court agreed that protected activity was involved such that the lower court had to decide if the merits prong was satisfied on remand.  The defense asked the appellate court to do that task, but it refused to do so.  So, there is a remand to see if fees might be awarded if the defense satisfies the second SLAPP prong for a grant of relief.