Chitsazzadeh
Chitsazzadeh v. Kramer & Kaslow
Opinion
Lead Opinion
Croskey, J.
Kramer & Kaslow, Philip A. Kramer and John S. Birke (collectively Defendants) appeal an order striking their special motion to strike (Code Civ. Proc., § 425.16) 1 and awarding $900 in attorney fees to Mohammad Chitsazzadeh and Mansoureh Shajari (collectively Plaintiffs) as prevailing plaintiffs on the motion. The trial court found that Defendants filed the special motion to strike more than 60 days after service of the complaint and therefore granted Plaintiffs’ request to strike the motion as untimely under section 425.16, subdivision (f). The court also found that the motion was frivolous because it was clearly untimely and awarded attorney fees under section 425.16, subdivision (c)(1).
*680 The trial court properly denied the special motion to strike as untimely. Plaintiffs, however, are not entitled to an attorney fee award because the record does not support the trial court’s finding that the motion was frivolous or intended solely to cause unnecessary delay. 2 We therefore will affirm the order as to the denial of the special motion to strike and reverse the order as to the attorney fee award.