Experts, SLAPP: Lower Court Properly Excluded Generalized Expert Opposition Testimony Where Expert Had No Experience With SLAPP Appellate Work

Result Was An Award Of $19,651 In Attorney’s Fees To Prevailing Defendant For Defending SLAPP Grant On Appeal.

            Spielbauer Law Office v. Midland Funding, LLC, Case No. H049662 (6^th Dist. June 26, 2023) (unpublished) is a situation where a prevailing defendant in an anti-SLAPP proceeding successfully defended the result on appeal, leading to the entry of a $19,651 fees award for appellate work.  The losing side opposed with a declaration by an expert who was an insurance adjuster and had general fee review experience.  The lower court sustained an objection to that expert’s declaration, and the appellate court affirmed.  The reason is that the expert must have specialized knowledge, with nothing showing that he had experience in reviewing time for SLAPP appeal work.  So, litigants and counsel, be careful when you retain an expert to make sure that expert has specialized knowledge in the substantive area of the issues involved in the case.