Wilkerson
Wilkerson v. Sullivan
Opinion
Lead Opinion
McIntyre, J.
Marie Wilkerson, Avecita Mucino, Vanessa Ayala, and Planned Parenthood of San Diego and Riverside Counties (collectively Planned Parenthood) filed an action for injunctive relief and compensatory damages against Sylvia Sullivan and others, to prevent or limit anti-abortion demonstrations on and near Planned Parenthood’s facilities. After the trial court issued a temporary restraining order against several of the named defendants, Sullivan successfully moved to strike the complaint under Code of Civil Procedure section 425.16, the anti-SLAPP statute (hereafter section 425.16), and was awarded $11,113.50 in attorney fees incurred in bringing the motion.
Planned Parenthood filed separate notices of appeal from the two rulings, but dismissed the appeal before filing opening briefs. Thereafter, Sullivan sought to recover $12,825.50 in attorney fees incurred in connection with the appeal, the enforcement of the prior attorney fee award and the preparation of the motion itself.
The superior court issued a tentative ruling granting Sullivan $8,392.50 in attorney fees for work done in connection with the appeal and collection efforts. However, after entertaining oral argument,…