Liu

This appeal addresses the question whether the plaintiff in a SLAPP suit (a Strategic Lawsuit Against Public Participation) can, by the device of dismissing the SLAPP prior to a hearing on the defendant’s motion to strike the complaint, avoid paying the attorney’s fees incurred by the defendant in defending the suit. In the instant case, the appellant contends the respondents filed a SLAPP cross-complaint against her. The trial court ruled that because respondents had dismissed their cross-complaint prior to the hearing on appellant’s section 425.16 motion to strike that pleading, there was no need to decide the merits of that motion to strike. The trial court concluded that because appellant could not be said to be the prevailing party on her motion to strike, she was not entitled to section 425.16 attorney’s fees and costs. The basis of the court’s conclusion is the provision in the anti-SLAPP statute which provides that attorney’s fees and costs are awarded to a defendant who prevails on a motion to strike. (§ 425.16, subd. (c).)

We hold the trial court’s ruling constitutes a nullification of an important part of California’s anti-SLAPP legislation. If indeed…