Is a defendant entitled to attorney fees as a result of a motion to strike?

California, United States of America


The following excerpt is from Van Der Valk v. Au Energy, LLC, B252975 (Cal. App. 2014):

Defendants contend they are entitled to attorney fees as the prevailing party. We agree. Section 425.16, subdivision (c)(1), provides that "a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs." "The defendant may recover fees and costs only for the motion to strike, not the entire litigation." (Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1320.) "[A]scertaining the fee amount is left to the trial court's sound discretion." (Id. at p. 1321.) Defendants' special motion to strike must be granted, and because defendants are the prevailing parties in this appeal, they are entitled to recover its fees and costs attributable to both the motion and the appeal.

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