American Humane Ass'n v. Los Angeles Times Communications

I. Introduction

Defendant, Los Angeles Times Communications, a news-gathering organization, appeals from an order denying a special motion to strike the complaint of plaintiff, American Humane Association, pursuant to Code of Civil Procedure section 425.16, the anti-strategic lawsuit against public participation statute. In the published portion of this opinion, we address the question of the timing of an attorney fees and cost request pursuant to section 425.16, subdivision (c). The section 425.16, subdivision (c) attorney fee and cost request in this case was denied. One of the grounds for denying the request was that no documentation of the amount of fees and costs incurred accompanied the special motion to strike. We conclude that a special motion to strike an attorney fee and cost award can be pursued: in a separate subsequently filed motion for attorney fees as was contemplated by defendant in this case; in conjunction with the special motion to strike as is often the case; and as part of a cost memorandum. (§ 1033.5, subd. (c)(5).) Accordingly, as will be noted, we conclude that the section 425.16, subdivision (c) attorney fee and cost request in this case could…