HEARING ON MOTION FOR ATTORNEY FEES

FILED BY JOHN WIND, SHIVA NIAZI

* TENTATIVE RULING: *

Defendant Shane brought an anti-SLAPP motion against the entire complaint in this case, as well as against particular causes of action in it. The Court granted that motion as to one cause of action, as well as against allegations of certain conduct adduced in support of other causes of action. The Court denied the motion as frivolous, however, as to other causes of action (and thus as to the complaint as a whole). On still other causes of action the Court denied the motion, but did not view those contentions as frivolous.

Having secured a ruling that defendant’s anti-SLAPP motion was frivolous in part, plaintiffs now bring the present motion for attorney fees under subd. (c)(1) of the anti-SLAPP statute, Code of Civil Procedure § 425.16(c)(1): “If the court finds that a special motion to strike is frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reaso