SLAPP: What Happens When Some SLAPP Denials Are Reversed And Become SLAPP Grants As Far As Awarding Fees To A Defendant Who Only Partially Prevails On SLAPPing Some Claims?

Answer:  Partially Prevailing Defendant Gets Trial and Appellate Fees For the SLAPP Grants, But No Fees For Work on SLAPP Denials.

            As our post captions above indicate, Peterson v. Harris, Case No. B315356 (2d Dist., Div. 4 June 2, 2023) (unpublished) indicates the attorney’s fees entitlement remedy available to a partially prevailing SLAPP defendant obtaining reversal of some SLAPP denials (so that they were grants) but also having some SLAPP denials affirmed.  That entitlement is to attorney’s fees for trial and appellate work related to the SLAPP grants, but not for work relating to the SLAPP denials.  (ComputerXpress, Inc. v. Jackson, 93 Cal.App.4th 993, 1020 (2001).)