Is a plaintiff entitled to attorney's fees and costs for a motion to strike?

California, United States of America


The following excerpt is from Casey v. Thrifty Payless, Inc., B242206 (Cal. App. 2013):

Code of Civil Procedure 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.)

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