Braun vs. Moser

Case No.: 37-2013-00041628-CU-FR-CTL    

Defendant Kenneth J. Moser brings this motion for attorney fees for additional work performed in support of the attorney fees awarded pursuant to CCP §425.16.

In November 2015, this Court issued an order awarding defendant attorney fees for having been successful on his anti-SLAPP motion and on the subsequent appeal of that order. Since November 2015, Plaintiff Conrad J. Braun has filed a second appeal that was dismissed and filed a motion to void the attorney fees award due to fraud. Additionally, defendant has made collection efforts on the award, which have been throttled by plaintiff's actions.

CCP §425.16 permits recovery of costs and fees on an appeal from the court's ruling on a § 425.16 motion. "A statute authorizing an attorney fee award at the trial court level includes appellate attorney fees unless the statute specifically provides otherwise." Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499; Lucky United Properties Investment, Inc. v. Lee (........