S. B. Beach Properties v. Berti

Opinion

CORRIGAN, J.

A strategic lawsuit against public participation (SLAPP) is subject to a special motion to strike (anti-SLAPP motion), under Code of Civil Procedure section 425.16 (anti-SLAPP statute). A defendant who is the “prevailing [party] on” such a motion is “entitled to recover his or her attorney’s fees and costs.” (§ 425.16, subd. (c).) Here, plaintiffs voluntarily dismissed their entire action without prejudice before defendants attempted to file an anti-SLAPP motion. As a result, we conclude that defendants may not recover their attorney fees and costs pursuant to section…