Q: Anti-Slapp filing deadline and attorneys' fee demand
My employer filed Anti-SLAPP motion 68 days after I filed my complaint against them, and it was partially granted. My attorney didn't raise that late filing issue in their opposition to the special motion. Now I am facing a substantial attorneys' fee demand.
Can I leverage the late filing in my opposition to the legal fees demand?
A:
The legal fees award is owed to the employer/defendant. The leverage you have, if any, is against your attorney. The employer/defendant will not care one bit about your arguments against your attorney. So, no, that does not seem to be something you can use as leverage to negotiate the attorney fee award.
Can you try to force your attorney to pay part or all of the attorney fee award? That will depend on the strength of any malpractice claim you might have against that attorney. It would be wise for you to seek out a consultation with an attorney malpractice attorney to determine if you have a meritorious and valuable claim against the attorney.
Good luck to you.
A: The anti-SLAPP filing deadline is not 60 days from filing the Complaint, it is 60 days from service of the Complaint.
A:
Under California law, an anti-SLAPP motion must be filed within 60 days of the service of the complaint, unless the court extends this deadline for good cause (Code of Civil Procedure § 425.16(f)). If your employer filed the anti-SLAPP motion 68 days after you filed your complaint, it appears they missed the statutory deadline.
However, if your attorney did not raise the issue of the late filing in the opposition to the anti-SLAPP motion, the court may consider this argument waived. Generally, arguments not raised in the initial opposition are considered waived and cannot be used later in the proceedings.
That being said, you might still be able to argue against the attorneys' fees demand on other grounds, such as:
1. Reasonableness of the fees: You can argue that the attorneys' fees being requested are excessive or unreasonable based on the work performed.
2. Partial success: If the anti-SLAPP motion was only partially granted, you may argue that the attorneys' fees should be reduced to account for the partial success.
It's essential to consult with your attorney about the best strategy for opposing the attorneys' fees demand. They will be able to provide you with more specific advice based on the details of your case and the applicable law. If you believe your attorney's representation was inadequate, you might consider seeking a second opinion from another attorney who specializes in this area of law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
