The motions for attorneys' fees, filed by defendants Giuseppe Simone and Francesco Simone, are granted in part. Giuseppe is awarded $22,486.21 in fees and $867.67 in costs. Francesco is awarded $20,285 in fees and $750.11 in costs.
Preliminary Matters
All evidentiary objections are overruled.
Guieseppe's request for judicial notice is granted.
Background
Plaintiff Janice Cappitelli filed this malicious prosecution action against her ex-husband (Giuseppe Simone) and Giuseppe's brother (Francesco Simone) and mother (Giuseppina Simone). On November 6, 2017, the Court granted Giuseppe and Francesco's special motions to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16.
Discussion
A defendant who prevails on its special motion to strike is entitled to recover its reasonable attorneys' fees and costs for the motion. Code Civ. Proc., § 425.16, subd. (c); Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1320. The prevailing party is also ent
Hearing Date
February 08, 2018
Category
Civil - Unlimited
Type
Non-PI/PD/WD tort - Other
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The motions for attorneys' fees, filed by defendants Giuseppe Simone and Francesco Simone, are granted in part. Giuseppe is awarded $22,486.21 in fees and $867.67 in costs. Francesco is awarded $20,285 in fees and $750.11 in costs.
Preliminary Matters
All evidentiary objections are overruled.
Guieseppe's request for judicial notice is granted.
Background
Plaintiff Janice Cappitelli filed this malicious prosecution action against her ex-husband (Giuseppe Simone) and Giuseppe's brother (Francesco Simone) and mother (Giuseppina Simone). On November 6, 2017, the Court granted Giuseppe and Francesco's special motions to strike under the anti-SLAPP statute, Code of Civil Procedure section 425.16.
Discussion
A defendant who prevails on its special motion to strike is entitled to recover its reasonable attorneys' fees and costs for the motion. Code Civ. Proc., § 425.16, subd. (c); Christian Research Institute v. Alnor (2008) 165 Cal.App.4th 1315, 1320. The prevailing party is also ent