Appealability, SLAPP: Reversal Of Defendant’s SLAPP Motion Vacated Fee Award, But Plaintiff’s Motion For Sanctions Was Not Appealable

Everyone Gets To Keeping Litigating!

               In Sayarad v. Butler-Lopez, Case No. A166884 (1^st Dist., Div. 1 May 6, 2024) (unpublished), plaintiff suffered a partial grant of a SLAPP motion, resulting in an adverse attorney’s fees award as to one defendant of $42,031.50, and with the lower court denying plaintiff’s motion for sanctions based on the ground that defendant filed a frivolous SLAPP motion.  Plaintiff appealed.

               Good thing she did.  The appellate court reversed the defense SLAPP grant, which meant that the $42,031.50 fee award went POOF!  With respect to the motion for sanctions by plaintiff, that was not appealable and did not fall within the collateral order doctrine—it did not direct the payment or money or performance of an act.  Everyone got something, but the litigation goes on!