Appealability, SLAPP: Where SLAPP Cross-Defendant Did Not Eliminate All Cross-Claims And Received Less Than Requested SLAPP Fees, Fee Order Was Not Appealable

No Final Judgment Was Entered, And Collateral Order Doctrine Did Not Apply Because The Fee Order Did Not Order Payment Of Money By Partially Prevailing Cross-Defendant.

            Cross-defendant in Delis v. Thorn, Case No. F084879 (5^th Dist. Dec. 26, 2023) (unpublished) successfully SLAPP-ed 4 out of 5 cross-claims, moved for mandatory SLAPP fees, and was awarded only $15,500 out of the requested more than $85,000 in fees.  Cross-defendant appealed the fee order for not awarding more money to him.

            The Fifth District dismissed the appeal because it was premature.  CCP § 904.1 does not list a SLAPP fee award as immediately appealable.  There was no final judgment in the case because both parties have claims remaining to litigate.  The collateral order doctrine did not apply because cross-defendant was not ordered to pay any moneys; quite the opposite, cross-defendant obtained some fees such that he was not aggrieved with the scope of the doctrine.

            His appeal would have to await entry of a final judgment in the case unless a voluntary resolution occurs.