Geiser

INTRODUCTION

Plaintiff Gregory Geiser filed petitions for civil harassment restraining orders against defendants Peter Kuhns and spouses Mercedes and Pablo Caamal, after defendants demonstrated at plaintiff’s place of business and in front of his residence in an attempt to prevent the Caamals’ eviction from their home. In response, defendants moved to strike the civil harassment petitions as strategic lawsuits against public participation (anti- SLAPP motions). After plaintiff voluntarily dismissed his civil harassment petitions, the trial court awarded defendants attorney fees as the prevailing parties on the petitions. The trial court denied defendants’ attorney fees on their anti-SLAPP motions, ruling they would not have prevailed on the motions. Plaintiff appeals the trial court’s determination that defendants were the prevailing parties on the civil harassment petitions and, alternatively, the calculation of the attorney fees award. Defendants appeal the trial court’s determination that they would not have prevailed on their anti-SLAPP motions. On August 30, 2018, the panel majority affirmed the trial 1 court’s orders. On November 14, 2018, the California Supreme Court…