Plaintiff’s Attorneys Are Not Liable For anti-SLAPP Fees

Until recently it was an open question whether an attorney could be held liable jointly and severally with his or her client for attorneys’ fees pursuant to the anti-SLAPP statute. But the Second District Court of Appeal, located in Los Angeles, recently put this issue to bed. In Moore v. Kaufman, Justice Rothschild expounded an […]

Los Angeles Court Filing Fees Increase Again . . .

Access to the court system just became even more difficult for litigants whom have limited resources. In an unsurprising (yet still disappointing) move, Governor Arnold Schwarzenegger signed SB 857, which increases filing fees in Los Angeles County and the rest of California. Additionally, because this bill includes an urgency clause, the new fees took effect […]

Mandatory Attorneys’ Fees To Prevailing anti-SLAPP Defendants

California’s anti-SLAPP statute (CCP § 425.16(c)) provides that a "prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs. The fee award is not discretionary–it is mandatory–and the fees can be very significant. The purpose behind this rule is to discourage strategic lawsuits against public […]

Can You File A SLAPP Suit And Then Dismiss It Without Any Consequences?

The mere threat of an anti-SLAPP motion (or serving the motion on the other party) may be sufficient to cause them to dismiss the suit before a hearing on the merits. Under those circumstances, are there consequences for the dismissing party? The court in Moore faced this issue and presented it clearly: "This appeal addresses the […]

Los Angeles Superior Court Filing Fees Increase

Last year a Los Angeles Superior Court judge told me and another lawyer that "litigation is the sport of kings." Another judge in the same courthouse told me it’s not really worth it to go to trial unless you have at least $500,000.00 in damages. Well, I guess they’re right. As if it wasn’t enough […]