Sanderson

Sanderson v. Nerium International CA4/3

Good Law
Court of Appeal of CaliforniaNovember 6, 2014G049533California1,069 words

Opinion

Opinion

Fybel, J.

INTRODUCTION

John Sanderson and George Taylor sued Nerium International, LLC (Nerium), and other individuals and entities for defamation and related claims. The trial court denied a special motion to strike (Code Civ. Proc., § 425.16)1 filed by Nerium and its chief executive officer, Jeff Olson. After the motion was denied, Sanderson and Taylor filed a motion to recover their attorney fees incurred in opposing it. (Id., § 425.16, subd. (c)(1).) The trial court denied the motion for attorney fees, and Sanderson and Taylor appeal from that order. The trial court found the special motion to strike was not totally devoid of merit, and was not brought solely for purposes of delay. The denial of attorney fees was not an abuse of discretion. Therefore, we affirm.

STATEMENT OF FACTS AND PROCEDURAL HISTORY

Sanderson and Taylor sued Nerium, Olson, and others for defamation. Nerium and Olson filed a special motion to strike the first amended complaint. The trial court denied the motion and, in a separate, unpublished opinion, we affirmed that order. (Sanderson v. Nerium International, LLC (Nov. 6, 2014, G048975) [nonpub. opn.].) Following the denial of the special motion to strike,…

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