Frank Jaksch, Jr. vs Seitz Family Partnership, L.P., et al.

Ruling on anti-SLAPP Attorney Fee Request


Plaintiff Frank Jaksch, Jr. filed and served a complaint against defendants James F. Seitz, and The Seitz Family Partnership, L.P. for malicious prosecution, abuse of process and intentional infliction of emotional distress. Defendants answered with general denials and affirmative defenses.

Defendants filed an anti SLAPP motion pursuant to CCP § 425.16 to strike each of the three causes of action. The trial court denied defendants' motion after the hearing on May 31,2007,

and Defendants subsequently filed an appeal of the Court's denial of their anti-SLAPP motion. The appellate court reversed the trial court's denial of defendants' motion to strike in its

entirety and awarded defendants' costs. Subsequently, Defendants made their motion for an award of mandatory attorney fees resulting in the award of $52,252. In two related cases defendants were awarded anti-SLAPP attorney fees in the amount of $14,300 and $20,165, in addition to the $52,252.

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Reference Info:Decision | State, 9th Circuit, California | United States

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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