APPEAL COURT AFFIRMS ATTORNEY FEE AWARD RE ANTI-SLAPP!
APPEAL COURT AFFIRMS ATTORNEY FEE AWARD RE ANTI-SLAPP!
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APPEAL COURT AFFIRMS ATTORNEY FEE AWARD RE ANTI-SLAPP!

| May 21, 2020 | Firm News

The trial court found defendants Peng Xufeng and Jia Siyu filed a frivolous anti-SLAPP motion against Changsha Metro Group Co., Ltd. (Changsha).

The trial court ordered defendants to pay Changsha $61,915 for Changsha’s attorneys’ fees in opposing the anti-SLAPP motion.

The anti-SLAPP statute provides, “If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion, pursuant to Section 128.5.” (§ 425.16, subd. (c)(1).)

In sum,  the fee request was properly submitted in Changsha’s opposition and defendants were given an opportunity to be heard. Therefore, the California Court of Appeal concluded the trial court followed the proper procedure in awarding attorneys’ fees to Changsha. (§ 128.5, subds. (a) & (c).)

Defendants appealed, contending the trial court erred in awarding attorneys’ fees to Changsha because: (1) defendants were not given a 21-day safe harbor period; and (2) Changsha requested fees in its opposition to the anti-SLAPP motion, rather than in a separate motion. Finding no reversible error, the Court of Appeal affirmed.

See Changsa Metro Group. Ltd. v. Peng Xuefeng.

If you are faced with California’s Anti-SLAPP issues, you need a highly skilled and tenacious attorney as your advocate!  Contact the Law Office of Robert Rodriguez immediately! (209) 596-4263  or (510) 736-4033.

Robert Rodriguez has prosecuted and defended California’s Anti-SLAPP law Section 425.16 of the Code of Civil Procedure, et seq. in the State of California courts. Robert Rodriguez has litigated well over 100 family law cases and civil litigation matters including personal injury motor vehicle cases, dog bite and slip & fall cases, breach of contract, defamation & invasion of privacy, fraud, unfair business practice, malicious prosecution, workplace and employment matters including sexual harassment, wrongful termination, wage & hour violations, discrimination pursuant to the FEHA, Gov’t Code §§ 12940 et seq., violations of the FMLA & Pregnancy Leave, Civil Rights  discrimination pursuant to 42 U.S.C. § 1983 and Title VII of the 1964 Civil Rights Act in the State of California and California federal district courts.

* Disclaimer – Robert Rodriguez is licensed to practice only in the State of California & this analysis is applied only under State of California law.  Robert Rodriguez is also admitted to practice in the U.S. District Courts, Central, Northern & Eastern Districts of California.  Robert Rodriguez has practiced in the California Court of Appeal.  The Law Office of Robert Rodriguez does not represent guarantees.

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