Is a plaintiff who prevails on an anti-SLAPP motion to strike entitled to recover his or her attorney fees?
California, United States of America
The following excerpt is from Wilkerson v. Sullivan, 121 Cal.Rptr.2d 275, 99 Cal.App.4th 443 (Cal. App. 2002):
Under section 425.16, subdivision (c), a defendant who prevails on an anti-SLAPP motion to strike is entitled to recover his or her attorney fees. The statute is broadly construed so as to effectuate the legislative purpose of reimbursing the prevailing defendant for expenses incurred in extricating herself from a baseless lawsuit. (Id., subd. (a); Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 362, 42 Cal.Rptr.2d 464.)
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