569 E. Cnty. Boulevard LLC v. Backcountry Against the Dump, Inc.

Good Law
2016 Cal. App. LEXIS 474·203 Cal. Rptr. 3d 324·248 Cal. App. 4th 125
Court of Appeal of CaliforniaMay 18, 2016D068538California5,005 words

Opinion

Lead Opinion

McDonald, J.

*128 Plaintiff 569 East County Boulevard, LLC, and others (plaintiffs) filed an action against numerous entities and individuals. Plaintiffs' complaint named Backcountry Against the Dump, Inc. (BAD) as a defendant and alleged a single cause of action against BAD for unlawful interference with prospective economic advantage. BAD moved to strike the action pursuant to Code of Civil Procedure section 425.16, 1 commonly referred to as the anti-SLAPP (strategic lawsuit against public participation) statute. ( Equilon Enterprises v. Consumer Cause, Inc. (2002) 29 Cal.4th 53 , 57, 124 Cal.Rptr.2d 507 , 52 P.3d 685 .) After BAD's anti-SLAPP motion was granted, it sought attorney fees and costs in a total amount of $152,529.15 pursuant to section 425.16, subdivision (c)(1). Plaintiffs did not contest defendant's entitlement to a fees and costs award, but argued the amount sought was exorbitant. The court found BAD was entitled to attorney fees and costs incurred for the successful anti-SLAPP motion, but awarded a reduced amount of $30,752.86. BAD appeals from that order, arguing the reduced award was an abuse of discretion.

I

BACKGROUND

A. The Underlying Action and Anti-SLAPP…

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