Velyvis

BACKGROUND

On July 17, 2013, Dr. John Velyvis filed a complaint for damages against his former employer, Adventist Health California Medical Group, Inc. The complaint also named as defendants attorney John H. MacConaghy, and his firm, MacConaghy & Barnier, LLP (hereafter collectively, defendants), who had been counsel for the trustee in Dr. Velyvis’s bankruptcy. On August 27, defendants filed a motion to strike the complaint—commonly known as a SLAPP or anti-SLAPP motion—as authorized by Code of Civil Procedure section 425.16 (section 425.16).1 The motion was heard by the Honorable Elia Ortiz on September 26, 2013, who four days later filed an order granting the motion and dismissing the complaint. The six-page order prepared by Judge Ortiz has an exhaustive explanation for granting the motion to strike, and includes this: “Defendants may bring a motion for attorney’s fees pursuant to . . . section 425.16, subdivision (c).”

1 The motion itself is not in the record on appeal

1 On November 5, 2013, defendants moved for an award of $19,417.20 in costs and attorney fees as authorized by subdivision (c) of section 425.16. The motion was supported with a declaration of defendants’…