White and Yellow Cab v. Orange Cty. Bd. of Supervisors CA4/3

FACTS

In AWYC I, AWYC appealed the court’s grant of the Board’s motion under Code of Civil Procedure section 415.16 — the anti-SLAPP (strategic lawsuit against 1 public participation) statute. The Board cross-appealed the amount of costs and attorney fees awarded by the court pursuant to section 425.16, subdivision (c)(1). We affirmed, holding that (1) the court rightly granted the anti-SLAPP motion and (2) the court did not abuse its discretion by refusing to award the Board all of its requested fees and costs. Our disposition of the appeal stated, “In the interests of justice, the parties shall bear their own costs on appeal.” The remittitur issued on September 27, 2011, and it likewise indicated, “Each party to bear own costs.” On March 8, 2012, the Board moved for relief under section 473, subdivision (b), noting counsel failed to file a timely motion for attorney fees incurred on appeal (i.e., within 40 days of notice of issuance of the remittitur pursuant to Cal. Rules of Court, rules 3.1702(c)(1) and 8.278(c)(1)). The basis for the motion was counsel’s allegedly mistaken initial reading and understanding of AWYC I. Counsel stated in his

1 All statutory references are to…