Sample Pleading - Memorandum of Points and Authorities in Support of Motion for Award of Reasonable Attorneys’ Fees

Attorney at Law

Firm Name

Address

Telephone Number

Facsimile Number

Attorney for Defendant ___________

SUPERIOR COURT OF CALIFORNIA

COUNTY OF ________________

DOE,

Plaintiff Case No. ____________

MEMORANDUM OF POINTS

AND AUTHORITIES IN

v. SUPPORT OF MOTION FOR

AWARD OF REASONABLE

ROE ATTORNEYS’ FEES

[CODE CIV. PROC. § 425.16]

Defendant Date: _________________________

_______________________________________/ Time:_________________________

Dept: _________________________

Complaint Filed:________________

I.

INTRODUCTION

[Here set forth the general nature of the action that gave rise to the anti-SLAPP motion to strike in the instant action.] In that ruling, this court further found that ___________________’s complaint against the _________________ constituted a strategic lawsuit against public participation (hereinafter “SLAPP”) as defined under Code of Civil Procedure section 425.16 and related case law and ordered the complaint stricken in its entirety. In its ruling, this court correctly held that an award of attorneys’ fees to the prevailing party is mandatory under Code of Civil Procedure section 425.16(c). Defendants now bring this motion to establish the amount of fees to which they are entitled pursuant to this court’s earlier order. As will be demonstrated, they are entitled to their full fees as requested herein.

II.

STATEMENT OF FACTS AND BACKGROUND OF LITIGATION

[Here set forth the nature of the case as filed, and the reasons that the court ordered the claim stricken as a SLAPP action.] For the forgoing reasons, _______________________________ were required to retain the services of [here identify law firm retained, the fees for which are sought in the instant motion] to deal with the foregoing issues. On or about __.____ 200_, this Court entered its order that that the instant lawsuit constituted a SLAPP suit as set forth in Code of Civil Procedure section 425.16 and related case law. Accordingly, this court struck the complaint in its entirety. This motion for fees follows as specified in the court’s order attached hereto as Exhibit “B.”

III.

LEGAL ARGUMENT

A. Defendants Are Entitled To Reasonable Attorneys’ Fees Under

Code Of Civil Procedure Section 425.16(c) Pursuant To This

Court’s Order.

In its order striking the complaint pursuant to Code of Civil Procedure section 425.16, this court recognized that under the same statute the Defendants are entitled to attorneys’ fees after prevailing on the motion to strike. In this regard, an award of reasonable attorneys’ fees to a prevailing defendant on a special motion to strike is intended to adequately compensate the defendant for all of the expenses incurred in responding to a SLAPP action. (See Church of Scientology v .Wollersheim (1996) 42 Cal.App.4th 628, 658-59...