Judge: Elaine W. Mandel, Case: 22SMCV01690, Date: 2023-10-04 Tentative Ruling

Case Number: 22SMCV01690    Hearing Date: October 4, 2023    Dept: P

Tentative Ruling

Bailey Care Homes, Inc. v. Byers et. al., Case No. 22SMCV01690

Hearing Date October 4, 2023

Defendants and Cross-Complainants’ Motion for Attorney’s Fees (UNOPPOSED)

On May 23, 2023, after taking the matter under submission, the court denied cross-defendants Bailey Care Homes and Shawn Bailey’s anti-SLAPP motion. Cross-complainants Ronald Byers and Mari Sharon Harris seek attorney’s fees, arguing the anti-SLAPP motion was frivolous.

Under Cal. Code of Civ. Proc. §425.16(c)(1), if a court finds an anti-SLAPP motion is “frivolous or is solely intended to cause unnecessary delay, the court shall award costs and reasonable attorney’s fees to a plaintiff prevailing on the motion[.]”

The cross-complaint alleged Bailey falsely told third party James Williams that Byers and Harris embezzled money from Bailey Care Homes. The anti-SLAPP motion argued Bailey’s statement was protected litigation activity, as Williams arranged settlement negotiations between the parties. The court found the communication was not protected.

Although the argument was unsuccessful, it was not frivolous. There was a connection between the communication and protected settlement negotiations, but the court concluded the connection was too remote to support an anti-SLAPP motion. The decision to take the matter under submission to reconsider plaintiff’s declaration reflects that the arguments raised were not frivolous. It was not unreasonable to bring the motion. Sanctions are not warranted under §425.16(c)(1). DENIED.