SLAPP: Premature Denial Of SLAPP Prevailing Party’s Fee Request, Without A Hearing On A Noticed Motion, Was Reversed On Appeal

Prevailing Party Had The Right To Have A Hearing On The Fee Motion, With The Other Side Reserving Its Objections To Fee Recovery.

               In Ruano v. Goldberg, Case No. B326833 (2d Dist., Div. 4 Jan. 21, 2025) (unpublished), a defendant prevailed on a SLAPP motion and then moved separately for fees.  The lower court denied the fee request without allowing defendant to have a hearing on that request.  The appellate court reversed, given that defendant was entitled to a fee hearing.  However, it did observe that the opposing side could in opposition raise arguments that defendant was not entitled to fees because she was a self-represented litigant.  So, maybe this one will get settled post-appeal.