What is the test for a motion to strike in a personal injury case?

California, United States of America


The following excerpt is from Thomas v. Makovoz, B281322 (Cal. App. 2018):

"In any action subject to [the special motion to strike], a prevailing defendant . . . shall be entitled to recover his or her attorney's fees and costs." ( 425.16, subd. (c)(1).) However, "[t]o the extent a trial court is concerned that a particular award is excessive, it has broad discretion to adjust the fee downward or deny an unreasonable fee altogether." (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1138.) " 'A fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.' [Citation.]" (Id. at p. 1137.)

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