When a defendant prevails on an anti-SLAPP motion, is she entitled to an award of attorney fees?
California, United States of America
The following excerpt is from York v. Strong, G049512 (Cal. App. 2015):
When a defendant prevails on an anti-SLAPP motion, she is entitled to an award of attorney fees as a matter of law. (Code Civ. Proc., 425.16, subd. (c)(1).) Thus, when a motion for fees is brought by such a defendant, the trial court's task is to determine the proper amount of fees to award. We apply an abuse of discretion standard when reviewing such an order. (City of Colton v. Singletary (2012) 206 Cal.App.4th 751,
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784.) "'Trial judges are entrusted with this discretionary determination because they are in the best position to assess the value of the professional services rendered in their courts. [Citations.] Thus, the court's fee award "'will not be disturbed unless the appellate court is convinced that it is clearly wrong.'"'" (Ellis v. Toshiba America Information Systems, Inc. (2013) 218 Cal.App.4th 853, 882.)
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