Ellis Law Group, LLP v. Nevada City Sugar Loaf Properties, LLC

This case illustrates that “[a]ll too often attorney fees become the tail that wags the dog in litigation.” (Deane Gardenhome Assn. v. Denktas (1993) 13 Cal.App.4th 1394, 1399 [ 16 Cal.Rptr.2d 816 ].) Here, Nevada City Sugar Loaf Properties, LLC (Sugar Loaf), challenges an award of $14,553.50 in attorney fees to Ellis Law Group, LLP (ELG), as the prevailing party on a special motion to strike pursuant to Code of Civil Procedure section 425.16 (anti-SLAPP motion). Sugar Loaf contends the trial court erred in awarding attorney fees for work on the anti-SLAPP motion performed by Attorney Joseph R. Major because Major was a member of ELG on whose behalf the motion was filed. Relying on case law holding self-represented law firms may not be awarded attorney fees for an anti-SLAPP motion, Sugar Loaf argues the fee award must be reversed.

ELG counters that Major acted as an independent contractor of that law firm because he had no billable hour requirements, did not accrue vacation time, received no health care benefits, and was paid by the hour without deduction for taxes. The trial court agreed with ELG that Major’s status as an independent contractor of ELG’s allowed the law…