Martin

In this slander action, appellants Richard Szeto and Anthony Lincoln appeal from an order denying their request for attorney fees pursuant to Code of Civil Procedure [1] section 1021.7. They contend that they were entitled to recover fees under section 1021.7 because respondent Craig K. Martin lacked good faith in maintaining the action. We conclude that appellants meet the statutory requirements for an award of fees under section 1021.7 and therefore reverse.

On November 10,1998, Martin, an attorney, filed a complaint against appellants alleging that they told others that he was "doing cocaine" and thereby injured him in his occupation. The action proceeded to arbitration. Martin did not appear at the arbitration hearing. The arbitrator denied Martin's claim and awarded costs to appellants. Martin thereafter filed a request for a trial de novo.

On May 15, 2000, appellants moved for summary judgment, contending that any alleged utterances about Martin were protected by the absolute privilege of Civil Code section 47, subdivision (b) and the qualified privilege under Civil Code section 47, subdivision (c). Martin did not file an opposition to the motion. The trial…