Can a trial court award attorney fees and costs to the moving party pursuant to section 425.16, subdivision (c)(1)?
California, United States of America
The following excerpt is from Roy v. Davis, C081865 (Cal. App. 2019):
The majority of courts to consider this issue, however, have rejected the suggestion in Coltrain that a trial court may award attorney fees and costs to the moving party pursuant to section 425.16, subdivision (c)(1) without first determining whether he or she would have prevailed on their special motion to strike. (Tourgeman v. Nelson &
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