Shahrokh Mireskandari v. Associated Newspapers, Ltd.

Good Law
665 F. App'x 570
United States Court of Appeals for the Ninth CircuitOctober 18, 201613-56858, 14-56438, 14-56911California1,029 words

Opinion

Opinion

MEMORANDUM

Associated Newspapers Ltd. and David Gardner (collectively, “ANL”) appeal the district court’s denial of their motion to strike two claims in Shahrokh Mireskan-dari’s First Amended Complaint pursuant to California’s anti-SLAPP statute. See Cal. Code Civ. Proc. § 425.16(b)(1). For his part, Mireskandari appeals the district court’s award of attorney’s fees to ANL under the anti-SLAPP statute and its award of sanctions against him. We dismiss No. 13-56858 (“the merits appeal”) and affirm Nos. 14-56438 and 14-56911.

(1) Mireskandari asserts that the merits appeal is now moot because he has voluntarily dismissed the action in the district court. We agree. While we did have interlocutory jurisdiction over the merits appeal, the underlying action was subsequently dismissed, and there is no relief that we could now grant on the merits. In fact, the parties inform us that the case is now proceeding in the California courts.

ANL does not dispute the above, except, it argues, that it might be entitled to additional anti-SLAPP attorney’s fees if the district court’s denial of a portion of its motion were reversed. However, we have made it clear that “ ‘[c]laims for attorneys’…

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