California, United States of America
The following excerpt is from Nop Mission LLC v. Franchising, A126352, No. 473750 (Cal. App. 2011):
As noted above, the court awarded attorney fees pursuant to section 425.16, subdivision (c) which provides in relevant part that a prevailing party on a special motion to strike "shall be entitled to recover his or her attorney's fees and costs." In light of our conclusion that the trial court erred in granting cross-defendants' anti-SLAPP motions, cross-defendants are not prevailing parties under section 425.16, subdivision (c). As a result, cross-defendants are not entitled to attorney fees and costs pursuant to that statute. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1137.)
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