Squires

Squires v. City of Eureka CA1/2

Good Law
Court of Appeal of CaliforniaMay 2, 2014A139849California548 words

Opinion

Opinion

Richman, J.

BACKGROUND

On October 14, 2010, the Squires filed a complaint against the City of Eureka and certain individual city employees (collectively, the City). On November 17, 2010, the City filed a special motion to strike the Squires’s complaint pursuant to Code of Civil Procedure section 425.16. On April 2, 2013, the trial court granted the City’s motion. On May 23, 2013, the Squires appealed from the ruling granting the City’s SLAPP motion. (Squires v. City of Eureka, A138768 (first appeal).) On July 29, 2013, the trial court granted the City’s motion for attorney’s fees.

1 On August 29, 2013, the trial court entered judgment dismissing the underlying lawsuit and awarding attorney’s fees. On September 24, 2013, the Squires appealed from the fee order and judgment. (A139849 (second appeal).) The first appeal was fully briefed as of March 12, 2014. On February 26, 2014, the Squires filed their opening brief in the second appeal. The City’s respondent’s brief has not yet been filed.

DISCUSSION

The City moves to dismiss the second appeal on the following two grounds: (1) the Squires’s opening brief “fails entirely to brief their appeal from the July 29, 2013 trial court order…

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