Is a defendant who successfully moves to strike a cause of action entitled to attorney fees and costs?

California, United States of America


The following excerpt is from Collins v. Salinan Heritage Pres. Ass'n, 2d Civil No. B267301 (Cal. App. 2017):

A defendant who successfully moves to strike a plaintiff's cause of action, whether on the merits or not, has "prevailed" on the motion and is therefore entitled to attorney fees and costs pursuant to section 425.16, subdivision (c). (Barry v. State Bar of California, supra, 2 Cal.5th 318, 327.) This fee provision serves to compensate the prevailing defendant for the undue burden of defending against litigation designed to chill the exercise of his free speech and petition rights. (Id. at pp. 327-328.) Following issuance of the remittitur, the trial court shall determine respondents' attorney fees and costs.

The judgment is affirmed. Respondents shall recover costs.

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