SLAPP’d in Orange County: Court of Appeal Confirms Right to Recover Post-Judgment Fees

California has an anti-SLAPP law that protects defendants from lawsuits brought to chill their First Amendment rights.  The anti-SLAPP law, Code of Civil Procedure, section 425.16, provides  “for the early dismissal of unmeritorious claims filed to interfere with the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances.”  (Club Members For An Honest Election v. Sierra Club (2008) 45 Cal.4th 309, 315).  When a defendant prevails and obtains an early dismissal under the anti-SLAPP law, a defendant can also obtain an award of attorney’s fees.  California courts have routinely held that the anti-SLAPP law is to be broadly construed to fully compensate a defendant who prevails in filing an anti-SLAPP Motion.

In York v. Strong (March 10, 2015, G049778), Division Three of the Fourth District Court of Appeal considered the right of a defendant, who prevailed on an anti-SLAPP motion and motion for attorney’s fees to recover additional, post-judgment attorney’s fees incurred in collection efforts.  In an opinion authored by Presiding Justice William F. Rylaarsdam, the court held that post-judgment fees — that is fees incurred by a prevailing defendant in collecting costs and fees awarded following an anti-SLAPP motion — are recoverable.

Jeffrey Lewis and the other attorneys at Broedlow Lewis LLP are experienced trial and appellate attorneys who can advise you about the specifics of your anti-SLAPP issue or appeal.  Each case is different and you should consult a lawyer rather than relying on this post as legal advice for your situation.  If you are contemplating filing or responding to lawsuit or appeal with potential anti-SLAPP issues, consider hiring a certified appellate specialist as your lawyer or co-counsel.  Don’t wing it, win it.

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