DEF Linda Dubuke Motion for Attorney Fees
The motion by defendant Linda Dubuke (“Defendant”), for attorneys’ fees on Anti-Slapp motion, is granted.
The evidentiary objections by plaintiff Richard Dubuke (“Plaintiff”) are overruled.
“Upon the proper filing of a request to voluntarily dismiss a matter, the trial court loses jurisdiction to act in the case, “except for the limited purpose of awarding costs and statutory attorney fees.” Law Offices of Andrew L. Ellis v. Yang (2009) 178 Cal.App.4th 869, 876 (citations omitted). “[A] determination of whether a defendant would have prevailed on its motion to strike is an essential prerequisite to an award of attorney fees and costs pursuant to section 425.16, subdivision (c)(1).” Tourgeman v. Nelson & Kennard (2014) 222 Cal.App.4th 1447, 1457. “[U]nder Code of Civil Procedure section 425.16, subdivision (c), any SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” Ketchum v. Moses (2001) 24 Cal.4th