Jenkins v. County of Riverside
138 CAL.APP.4TH 593, 17 A.D. CASES 1594, 41 CAL.RPTR.3D 686, 2006 DAILY JOURNAL D.A.R. 4436, 06 CAL. DAILY OP. SERV. 3068, 2006.CA.0002443
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Publisher Description
A strategic lawsuit against public participation (SLAPP) is subject to a special motion to strike (anti-SLAPP motion), under Code of Civil Procedure section 425.16 (anti-SLAPP statute). A defendant who is the "prevailing [party] on" such a motion is "entitled to recover his or her attorneys fees and costs." (§ 425.16, subd. (c).) Here, plaintiffs voluntarily dismissed their entire action without prejudice before defendants attempted to file an anti-SLAPP motion. As a result, we conclude that defendants may not recover their attorney fees and costs pursuant to section 425.16, subdivision (c).