Tye

I. BACKGROUND

This is the third appeal in this case. In Tye v. Papp (Jul. 26, 2021, E075153

[nonpub. opn.] (Tye I)), we affirmed the trial court’s order granting a section 425.

special motion to strike, or anti-SLAPP motion, brought by defendants and respondents

Eric Papp and Justin Tye. In Tye v. Papp (May 9, 2022, E076523 [nonpub. opn.] (Tye

II), we held the trial court’s order granting respondents’ subsequent fee motion relied on

incorrect legal reasoning. Because we could not resolve a dispositive factual issue, we

reversed the order and remanded for further proceedings. The factual issue was whether

Tye sent a notice of entry of judgment on the day he claims it was mailed, which bears on

whether service was completed at that time. (Tye II, supra, E076523.)

On remand, the trial court found Tye did not complete service on March 26, 2020.

This was based in part on a determination that the proof of service did not comply with

section 1013a. As a result, respondents’ fee motion, filed on June 15, 2020, was timely.

The court then denied Tye’s motion to conduct discovery to oppose the fee motion and 2 awarded respondents $8,111, down from the $36,101 that respondents…