Is Respondent entitled to recover attorney fees and costs incurred on the motion to strike?

California, United States of America


The following excerpt is from R.F.F. Family P'ship, LP v. Michelman & Robinson, LLP, B235519 (Cal. App. 2012):

The Attorneys did not establish the threshold issue of demonstrating that they engaged in protected petitioning or speech activity. Accordingly, we do not address whether respondent established a probability of prevailing on its claims. (City of Cotati v. Cashman, supra, 29 Cal.4th at pp. 80-81; Robles v. Chalilpoyil (2010) 181 Cal.App.4th 566, 582.)

The prevailing party on a motion to strike is entitled to recover attorney fees and costs incurred in the trial court and on appeal. ( 425.16, subd. (c); Kashian v. Harriman, supra, 98 Cal.App.4th at p. 933.) Respondent may bring a motion in the trial court to recover the attorney fees and costs it incurred in this appeal.

The judgment is affirmed.

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