POOF!, SLAPP: Cross-Defendant’s $146,495 SLAPP Fee Award Goes POOF! On Appeal

Remand Was Required Because Appellate Court Reversed SLAPP Grant On Three Out Of Six Cross-Claims.

               City of San Jose v. Gradetech, Inc., Case No. H051462 (6^th Dist. June 17, 2025) (unpublished) is a situation where a cross-defendant successfully SLAPPed a cross-complaint with six causes of action brought by the City and where the lower court later awarded cross-defendant $146,495 (out of a requested over $282,000) in SLAPP fees, prompting City’s filing of an appeal.  The Sixth District affirmed the SLAPP grant on three cross-claims, but it reversed the grant on three other cross-claims.  This required a reassessment of the fee award.  Although expressing no opinion on the amount of fees to be awarded, the appellate court did note that City’s partial success on appeal would be a relevant factor for the lower court’s consideration.