Save Westwood Village v. Luskin CA2/2

BACKGROUND

Respondents filed a section 425.16 special motion to strike (anti-SLAPP motion) all of the claims appellants asserted against them in a verified petition for writ of mandate. In their anti-SLAPP motion, respondents requested an award of statutory attorney fees. Before the hearing on the anti-SLAPP motion, appellants voluntarily dismissed respondents from the action. The notice of dismissal was served on September 27, 2013. The trial court considered the merits of the anti-SLAPP motion solely for purposes of determining respondents’ entitlement to attorney fees under section 425.16, subdivision (c). The trial court granted the anti-SLAPP motion and ruled that respondents were entitled to recover their attorney fees.2 Notice of the trial court’s ruling was served on October 7, 2013. The trial court thereafter ordered the parties to meet and confer regarding the amount of fees and costs. The parties’ meet and confer efforts were unsuccessful, and respondents’ counsel informed the trial court at a November 5, 2013 hearing that the parties were at an impasse and stated his intention to file a memorandum of costs. The trial court considered whether a deadline applied to the…