Lafayette Morehouse, Inc. v. Chronicle Publishing Co.

In this case, we hold that a prevailing defendant on a special motion to strike brought pursuant to Code of Civil Procedure section 425.16 is entitled to recover attorney fees and costs only for the motion to strike, not for the entire action.

I. Factual And Procedural Background

This case is the follow-up to Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 37 Cal.App.4th 855 [ 44 Cal.Rptr.2d 46 ] (More I), a case we decided recently. In More I, we ruled that section 425.16, which provides a mechanism for evaluating complaints against a person arising out of that person’s exercise of the right of free speech, can, under certain circumstances, be applied to a defamation action which has been filed against news media defendants. In so ruling, we affirmed a trial court’s decision to dismiss a libel complaint filed by More University and several affiliated persons and entities against the San Francisco Chronicle and several of its reporters based on a series of articles that described the social and legal consequences of More’s decision to open its property to the homeless.

While the prior appeal was pending, the Chronicle filed a motion under section 425.16,…