Is a defendant who prevails on an anti-SLAPP motion in its entirety entitled to attorney fees?

California, United States of America


The following excerpt is from Anaheim Arena Mgmt., LLC v. Wergechik, G054463 (Cal. App. 2018):

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." "[A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees." (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.) Under the foregoing legal authorities, a defendant who prevails on such a motion in its entirety is entitled to an award of attorney fees. In the instant case, Wergechik has only prevailed in part on the anti-SLAPP motion.

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