California Court of Appeal

In a malicious prosecution lawsuit, a judgment awarding attorney's fees to defendants is reversed as: 1) the lawsuit at issue met the statutory definition of a "SLAPPback" action in Code of Civil Procedure section 425.18(b)(1); and 2) attorney's fees are not recoverable by a defendant who successfully files a special motion to strike in a "SLAPPback" action. However, an order granting defendants' special motion to strike and a cost award are affirmed over claims that a special motion to strike could not even be filed in the matter, and that a statutory amendment required reversal of the order.

Appellate Information

• Decided 05/03/2007
• Published 05/03/2007

Judges

Court

• California Court of Appeal

Counsel