Cornwell

MEMORANDUM **

Joanne Cornwell (Cornwell) appeals the district court’s denial of attorney’s fees pursuant to Cal.Code Civ. P. § 425.16 and the denial of her claims against Debra Belton (Belton) for unfair competition, violation of trade secrets, and interference with economic advantage. Belton cross-appeals, asserting error in the district court’s finding of liability on two counts of copyright infringement and requesting that we find Cornwell “guilty” of perjury and malicious prosecution.

1. Because the district court granted Cornwell’s motion to strike, it erred in denying Cornwell attorney’s fees associated with the motion. Under the plain language of § 425.16(c), such an award is mandatory. See Vergos v. McNeal, 146 Cal.App.4th 1387, 1404 , 53 Cal.Rptr.3d 647 (2007) (“[A] defendant who prevails on a section 425.16 motion is entitled to an award of attorney’s fees ... for the appeal.”) (citation omitted). The narrow exception outlined in Moran v. Endres, 135 Cal.App.4th 952 , 37 Cal.Rptr.3d 786 (Ct.App.2006), as modified, does not apply; further Cornwell’s motion was timely under § 425.16(f).

2. Any error in failing to find Belton liable for unfair competition was harmless.…