Doe

Doe v. Luster

Caution
145 Cal. App. 4th 139·51 Cal. Rptr. 3d 403
Court of Appeal of CaliforniaNovember 28, 2006B186408California4,380 words

Opinion

Opinion

Resch Polster Alpert & Berger, Michael Baum and Sandra Khalili, Los Angeles, Plaintiff and Appellant.

Lewis Brisbois Bisgaard & Smith, Roy G. Weatherup and Bartley L. Becker, Los Angeles; Law Offices of Daniel B. Spitzer and Daniel B. Spitzer, Encino, for Defendant and Respondent.

PERLUSS, P.J.

Although an order granting or denying a special motion to strike filed pursuant to Code of Civil Procedure section 425.16, [1] the anti-SLAPP statute, is, in most instances, immediately appealable (§§ 425.16, subd. (i); 904.1, subd. (a)(13); but see §§ 425.17, subd.(e); 425.18, subd. (c)), an order declining to award attorney fees to a plaintiff who successfully opposes an anti-SLAPP motion is not. Accordingly, we dismiss Lynn Doe's appeal from the trial court's denial of her motion for attorney fees pursuant to section 425.16, subdivision (c).

Doe filed a lawsuit in Los Angeles Superior Court against CBS Broadcasting, Inc. (CBS) and Elizabeth Luster, alleging causes of action for invasion of privacy, intentional infliction of emotional distress and negligence. CBS and Luster each filed a special motion to strike Doe's complaint under section 425.16. The trial court denied both motions…

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