Mann

Water Systems Support, Inc., and its president (collectively WSSI) brought an action against two former independent contractors and their business entity (collectively defendants), alleging defendants violated their confidentiality agreements and made false statements about WSSI to WSSI’s customers and governmental agencies. Defendants unsuccessfully moved to strike four of the 13 causes of action under California’s anti-SLAPP (strategic lawsuit against public participation) statute. (Code Civ. Proc., § 425.16.) Defendants appealed, and this court held the trial court correctly denied the motion on three of the causes of action, but the court erred in denying the motion as to one cause of action. (Mann v. Quality Old Time Service, Inc. (2004) 120 Cal.App.4th 90 [ 15 Cal.Rptr.3d 215 ] (Mann).)

On remand, defendants sought attorney fees of $64,065 under section 425.16, subdivision (c), which states a defendant prevailing on an antiSLAPP motion “shall be entitled to recover his or her attorney’s fees and costs.” WSSI opposed the motion on several grounds, including that defendants were not prevailing parties because they were unsuccessful in striking three of the four…