Anti-SLAPP Statute Does Not Authorize an Award of Attorney Fees Against Plaintiff's Counsel


In Moore v. Kaufman, 2010 DJDAR 16212 (2010), the California Court of Appeal for the second district decided an important issue concerning the interpretation of Code of Civil Procedure Section 425.16, the anti-SLAPP statute. The case had a complex procedural history.

Frances Diaz (Diaz) represented Sheila Moore (Moore) in an action against Barry Kaufman. Kaufman filed an anti-SLAPP motion to strike the complaint under Code of Civil Procedure Section 425.16, and sought an award of attorney fees against Moore and Diaz.

The trial court granted the motion, and awarded attorney fees against both Moore and her attorney Diaz, jointly and severally.

After a series of complex procedural maneuvers, the trial court issued an order awarding fees and costs in the sum of $41,223.75. Moore appealed, but Diaz did not. The court’s order did not specify whether the award was against Moore, Diaz, or both and to complicate the record, thereafter numerous procedural errors were committed both by the litigants and the court.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

Written by:


Hinshaw & Culbertson LLP on:

Popular Topics
Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.