GetFugu v. Boggs CA2/3

California Court of Appeal Jul 3, 2014 No. B235138Unpublished

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Holding. The court reversed and remanded an attorney fee award because the underlying special motion to strike was only partially successful following a prior appellate ruling, necessitating a recalculation of fees based on the defendants' partial success.

Issues

Whether the attorney fee award must be reconsidered in light of a prior appellate decision partially reversing the grant of a special motion to strike.
To what extent are the defendants entitled to recover attorney fees under Code of Civil Procedure section 425.16 given their partial success on the merits?

Disposition. reversed and remanded

Quotations verified verbatim against the opinion

“the attorney fee order is reversed with directions.”

“Oparil and Patton are not entitled to recover attorney fees attributable to GetFugu and Freer’s defamation claim.”

Filed 7/3/14 GetFugu v. Boggs CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THREE

GETFUGU, INC., et al., B235138

Plaintiffs and Appellants, (Los Angeles County Super. Ct. No. BC444530) v.

PATTON BOGGS et al.,

Defendants and Respondents.

APPEAL from an order of the Superior Court of Los Angeles County, David L. Minning, Judge. Reversed and remanded with directions. McKenna Long & Aldridge, Charles A. Bird and Theona Zhordania; Shepard Mullin Richter & Hampton and Theona Zhordania for Plaintiffs and Appellants. Robie & Matthai, Edith R. Matthai, Kyle Kveton and Natalie A. Kouyoumdjian for Defendants and Respondents.

_________________________

Plaintiffs and appellants GetFugu, Inc. (GetFugu), Carl Freer (Freer) and Richard Jenkins (Jenkins) (collectively, Plaintiffs) appeal an order awarding $120,000 in attorney fees to defendants and respondents Patton Boggs, LLP (Patton or the Patton firm), Richard J. Oparil (Oparil), Cummins & White LLP (Cummins or the Cummins firm) and Iman Reza (Reza) (collectively, the Attorney Defendants) after they prevailed on a special motion to strike (Code Civ. Proc., § 425.16).1 In the prior appeal in this matter, GetFugu, Inc. v. Patton Boggs LLP (2013) 220 Cal.App.4th 141 (GetFugu I), this court partially reversed the trial court’s order granting the special motion to strike. We reversed with respect to a cause of action by GetFugu and Freer against Oparil and Patton for defamation based on a March 22, 2010 press release; in all other respects the order granting the special motion to strike was affirmed. However, the partial reversal requires the trial court to revisit the issue of attorney fees. Therefore, the attorney fee order is reversed with directions. FACTUAL AND PROCEDURAL BACKGROUND 1. The operative complaint. Following a shareholder lawsuit against GetFugu, Freer and Jenkins, they filed this action against two attorneys and their law firms for malicious prosecution and defamation. On September 20, 2010, GetFugu, Freer and Jenkins, filed the operative first amended complaint against the Attorney Defendants, alleging causes of action for malicious prosecution and defamation. 2. Special motion to strike. On November 22, 2010, the Attorney Defendants filed a special motion to strike the first amended complaint. The moving papers asserted, inter alia, the complaint was subject to a special motion to strike because it was based upon petitioning activity and

GetFugu v. Boggs CA2/3

AI Brief

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION THREE

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