WasteXperts v. Arakelian Enterprises CA2/4

California Court of Appeal Mar 14, 2025 No. B327712Unpublished

AI Brief

AI-generated · verify before citing

Holding. The court reversed the trial court's award of attorney's fees and costs to the defendant because the defendant was no longer a prevailing party following a prior appellate reversal of the underlying special motion to strike. Additionally, the court ordered the plaintiff to bear its own costs on appeal due to its counsel's uncivil and inaccurate briefing.

Issues

Whether a defendant remains entitled to attorney's fees and costs under Code of Civil Procedure section 425.16, subdivision (c) after the underlying special motion to strike is reversed on appeal.
Whether the appellate court should order the appellant to bear its own costs on appeal due to unprofessional and inaccurate briefing.

Disposition. Reversed

Quotations verified verbatim against the opinion

“We necessarily reverse the trial court’s award of attorney’s fees to Athens under section 425.16, subdivision (c), as Athens is no longer a prevailing defendant under that statute.”

“Athens concedes that, in the wake of our decision in WasteXperts I, it is no longer a prevailing defendant under the statute, and therefore is not entitled to an award of fees or costs under section 425.16.”

“The trial court’s order awarding fees and costs is reversed. Each party shall bear its own costs on appeal.”

Filed 3/14/25 WasteXperts v. Arakelian Enterprises CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

WASTEXPERTS, INC., B327712

Plaintiff and Appellant, (Los Angeles County Super. Ct. No. 22STCV19512) v.

ARAKELIAN ENTERPRISES, INC., dba ATHENS SERVICES, LLC,

Defendant and Respondent.

APPEAL from an order of the Superior Court of Los Angeles County, Monica Bachner, Judge. Reversed. Frost, Christopher Frost, John D. Maatta, David T. Shackelford and Nicholas Lauber for Plaintiff and Appellant. Manatt, Phelps & Phillips, Ronald B. Turovsky, Donald R. Brown and Benjamin G. Shatz for Defendant and Respondent.

INTRODUCTION Incivility calls for an apology. Repeated incivility, coupled with inaccuracy in briefing, calls for something more. We reversed the grant of a special motion to strike filed under Code of Civil Procedure section 425.161 by respondent Arakelian Enterprises, Inc. dba Athens Services (Athens). (WasteXperts, Inc. v. Arakelian Enterprises, Inc. (2024) 103 Cal.App.5th 652 (WasteXperts I).) We published that opinion to emphasize the importance of civility, as counsel for appellant WasteXperts, Inc. (WasteXperts) made a lengthy series of distracting and unsupported attacks on opposing counsel and the trial court. (Id. at pp. 656, 666–667.) Here, we necessarily reverse the trial court’s award of attorney’s fees to Athens under section 425.16, subdivision (c), as Athens is no longer a prevailing defendant under that statute. But, in the interests of justice, we order WasteXperts to bear its own costs for this appeal, and we advise their counsel yet again that hyperbolic and inaccurate briefing only damages an attorney’s credibility and weakens their presentation.

WasteXperts v. Arakelian Enterprises CA2/4

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

WASTEXPERTS, INC., B327712

More from California Court of Appeal

Related research

MORI, J.

AI Brief