Q: How to oppose motion for attorneys fees if defendant attorney lies under oath in their declaration supporting the motion
My employer partially prevailed in the anti-SLAPP motion. Will they be awarded attorney fees if their attorney perjured themselves in the judicial process? Should I file a cross-motion for fee shifting?
A:
Under California law, if a defendant prevails, even partially, on an anti-SLAPP motion, they are generally entitled to recover their attorney's fees and costs. However, if their attorney committed perjury in the process, you may have grounds to oppose the motion for attorney's fees. Here are some steps you can consider:
1. File an opposition to the motion for attorney's fees, arguing that the fees should be denied or reduced due to the attorney's misconduct. Cite the specific instances of perjury and explain how they undermine the integrity of the judicial process.
2. Provide evidence of the perjury, such as conflicting statements, documents that contradict the attorney's declaration, or witness testimony.
3. Argue that awarding attorney's fees would be unjust and contrary to public policy when the fees were incurred through misconduct.
4. Consider filing a separate motion for sanctions against the attorney under California Code of Civil Procedure section 128.7, which allows for sanctions against attorneys who make false statements to the court.
5. Consult with your own attorney to discuss the possibility of filing a cross-motion for fee shifting. However, this may be difficult if the defendant partially prevailed on the anti-SLAPP motion, as the law generally favors awarding fees to the prevailing party on an anti-SLAPP motion.
Remember that accusing an attorney of perjury is a serious allegation and should not be made lightly. Make sure you have strong evidence to support your claim. It is highly recommended that you consult with an experienced attorney who can evaluate your case and advise you on the best course of action.
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