WasteXperts

INTRODUCTION

Incivility calls for an apology. Repeated incivility, coupled with inaccuracy in briefing, calls for something more. We reversed the grant of a special motion to strike filed under Code of Civil Procedure section 425.161 by respondent Arakelian Enterprises, Inc. dba Athens Services (Athens). (WasteXperts, Inc. v. Arakelian Enterprises, Inc. (2024) 103 Cal.App.5th 652 (WasteXperts I).) We published that opinion to emphasize the importance of civility, as counsel for appellant WasteXperts, Inc. (WasteXperts) made a lengthy series of distracting and unsupported attacks on opposing counsel and the trial court. (Id. at pp. 656, 666–667.) Here, we necessarily reverse the trial court’s award of attorney’s fees to Athens under section 425.16, subdivision (c), as Athens is no longer a prevailing defendant under that statute. But, in the interests of justice, we order WasteXperts to bear its own costs for this appeal, and we advise their counsel yet again that hyperbolic and inaccurate briefing only damages an attorney’s credibility and weakens their presentation.

FACTUAL AND PROCEDURAL BACKGROUND

In June 2022, WasteXperts filed a complaint against both Athens and the City…