SLAPP: Lower Court’s Award Of Partial SLAPP Fees To A Partially Prevailing Defendant Was No Abuse Of Discretion

Awarding Only 26% Of The Fee “Ask” Showed That Lack Of Total Success Was Credited.

            In Fitzgibbons v. Chaudhuri, Case No. E077070 (4^th Dist., Div. 2 Nov. 3, 2023) (unpublished), defendant tried to SLAPP a plaintiff’s complaint in entirety, but only obtained a grant to strike certain paragraphs and lines in the complaint.  The lower court awarded defendant $26,756 of the close to $103,000 fee “ask.”  The appellate court affirmed; although there were other issues to adjudge in the case, the award of only 26% of the requested amount showed proper judgment in reducing for the relative degree of success on the SLAPP motion on the part of the defense.