If a judgment is affirmed on a motion to strike, can a defendant recover attorney's fees and costs?

California, United States of America


The following excerpt is from Hudack v. Siggard, E072714 (Cal. App. 2020):

Defendants request that, if the judgment is affirmed, then "their entitlement to appellate [attorney's] fees be set forth in the final opinion." Defendants do not explain why they need us to provide the law on this topic; however, it is easy enough to find and quote, so, as requested: "The anti-SLAPP statute provides for an award of attorney['s] fees and costs to the prevailing defendant on a special motion to strike. ( 425.16, subd. (c).) The defendant may recover fees and costs only for the motion to strike, not the entire litigation. [Citations.] Appellate challenges concerning the motion to strike are also subject to an award of fees and costs, which are determined by the trial court after the appeal is resolved. [Citation.] The defendant may claim fees and costs . . . through the filing of a subsequent motion or cost memorandum." (Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1320.)

The judgment is affirmed. Defendants are awarded their costs on appeal. (Cal. Rules of Court, rule 8.278(a)(1).)

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