Mitchell v. Wigeri Van Edema CA3

I. BACKGROUND

In February 2021, plaintiff filed a civil action for damages against defendants. Defendants filed an anti-SLAPP motion. By order filed on May 10, 2021, the trial court granted defendants’ motion. Defendants served plaintiff with a “Notice of Entry of Judgment or Order” form (attaching the May 10 order) on May 14, 2021. On August 5, 2021, in a document captioned “JUDGMENT OF DISMISSAL WITH AWARD OF FEES AND COSTS,” the trial court awarded over $57,000 in attorney’s fees and costs to defendants. On August 27, 2021, plaintiff filed a notice of appeal, indicating she was appealing the fees and costs order entered on August 5, 2021.

II. DISCUSSION

Plaintiff asks us to vacate the trial court’s ruling granting the anti-SLAPP motion, and the trial court’s award of attorney’s fees and costs. But plaintiff’s briefing on appeal contains no discussion of the trial court’s fees and costs award. Accordingly, plaintiff has forfeited any challenge to that award. (See In re Marriage of Falcone & Fyke (2008) 164 Cal.App.4th 814, 830.) Defendants: (1) address the merits of plaintiff’s arguments on appeal regarding the anti-SLAPP motion; and (2) contend the appeal “is untimely and…