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

California, United States of America


The following excerpt is from ADAMS v. TRIMBLE., A121318, No. FCS030447 (Cal. App. 2010):

successful motion to strike is entitled to mandatory attorney fees"].) Here, the trial court did not grant defendants' request for attorney's fees and costs, presumably based on a finding that defendants were not the "prevailing" party on their special motion to strike. Because we reverse the trial court's order only partially granting defendants' motion and conclude it should have been granted in its entirety, we also conclude that defendants are entitled to attorney's fees and costs incurred in bringing their motion. Defendants shall also be awarded their fees and costs on appeal. (Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499 ["A statute authorizing an attorney fee award at the trial court level includes appellate attorney fees unless the statute specifically provides otherwise"].)

Other Questions


Are Attorney Defendants entitled to recover attorney fees for their success in striking the defamation claim? (California, United States of America)
Is a successful defendant on a SLAPP motion entitled to attorney's fees and costs? (California, United States of America)
Is a plaintiff entitled to attorney's fees and costs for a motion to strike? (California, United States of America)
Is a defendant who successfully moves to strike a cause of action entitled to attorney fees and costs? (California, United States of America)
Is Respondent entitled to recover attorney fees and costs incurred on the motion to strike? (California, United States of America)
Is a plaintiff entitled to fees and costs arising from a successful anti-SLAPP motion? (California, United States of America)
Is a motion to strike striking the allegations under which the District Attorney sought statewide monetary relief? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
In what circumstances will a court grant an award of costs and fees for the untimely filing of a cost memorandum and motion for attorney fees? (California, United States of America)
Is a defendant entitled to attorney fees as a result of a motion to strike? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.