Trial Court Asked For Discussion On Five Issues And Interactive Oral Argument, Which Negated That The Motion Was Frivolous.
In Gazal v. Echeverry, Case No. B327668 (2d Dist., Div. 8 Mar. 29, 2024) (published), defendants lost a SLAPP motion and then appealed, with the appeal being unsuccessful. Plaintiff filed a motion to recover $106,730 in monetary sanctions for a frivolous appeal. The appellate court rejected plaintiff’s request, reasoning that the trial court invited argument on five issues and noted the interactive oral argument on the motion—which belied that the motion was frivolous or something no reasonable attorney would have ever brought.
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