Bernard

Pfeiffer Venice Properties v. Bernard

Good Law

101 Cal. App. 4th 211·123 Cal. Rptr. 2d 647·2002 Cal. App. LEXIS 4507·2002 Daily Journal DAR 9389·2002 Cal. Daily Op. Serv. 7493

Court of Appeal of CaliforniaAugust 14, 2002B152966California2,991 words

Opinion

Armstrong, J.

Defendants Sheila Bernard, Laura Ponce, and the Lincoln Park Tenants Association (LPTA) appeal the trial court’s denial of their motion for attorney fees under Code of Civil Procedure section 425.16, subdivision (c). Defendants had brought a SLAPP (strategic lawsuit against public participation) motion, contending that this lawsuit was a SLAPP action within the meaning of section 425.16, subdivision (e). At the hearing on that motion, the trial court, sua sponte, dismissed the complaint under the doctrine of de minimis non curat lex, and invited defendants to move for their attorney fees. At the hearing on the latter motion, the trial court determined that, having dismissed the action, it was without jurisdiction to award defendants their attorney fees. In this the court was mistaken. Consequently, we reverse.

Facts and Procedural History

On September 20, 2000, the four companies that own Lincoln Place, including Pfeiffer Venice Properties, LLC (Pfeiffer), sued 12 tenants or former tenants of Lincoln Place, as well as the LPTA, seeking $25,000 in damages plus punitive damages. The complaint included causes of action for negligent and intentional interference with…

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