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Cal. Code Civ. Proc. § 128.5

Section 128.5 - Expenses awarded against party or attorney for bad faith actions or tactics
Section 128.5 - Expenses awarded against party or attorney for bad faith actions or tactics

2 Citing briefs

  1. ADP, LLC v. YourPeople, Inc. et al

    RESPONSE

    Filed July 21, 2015

    16(c)(1) its costs and reasonable attorneys’ fees for opposing this frivolous motion. California Code of Civil Procedure § 128.5 defines “frivolous” as “totally and completely without merit” or “for the sole purpose of harassing an opposing party.” As established above, Defendants’ motion is “totally and completely without merit” because it is clearly barred by Section 425.

  2. Girafa.Com,Inc. v. Alexa Internet, Inc. et al

    Reply Memorandum re MOTION to Strike DEFENDANTS' SPECIAL MOTION TO STRIKE PLAINTIFF'S THIRD CLAIM FOR RELIEF PURSUANT TO CAL. CODE CIV. PROC. SECTION 425.16 Plaintiff's Opposition to Defendants' Special Motion to Strike Plaintiff's Third Claim for Relief

    Filed August 15, 2008

    16 motion is “totally and 12 See Exhibit C at ¶¶ 4, 24, 25, 26, 28. Case 5:08-cv-02745-RMW Document 41 Filed 08/15/2008 Page 24 of 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -21- Plaintiff Girafa.com’s Opposition to Defendants’ Anti-SLAPP Motion 08-2745 RMW (RS) completely without merit” pursuant to Cal. Code Civ. Pro. § 128.5(b)(2) and, accordingly, an award of attorney fees should be assessed against defendants for bringing the motion. See Moore v. Shaw, 116 Cal. App. 4th 182, 199 (2004) (fees appropriate when “any reasonable attorney would agree that such motion is totally devoid of merit”) (quoting Decker v. U.D. Registry, Inc., 105 Cal. App. 4th 1382, 1392 (2003)).13 DATED: August 15, 2008 SUGHRUE MION, PLLC By: s/ John B. Scherling John B. Scherling Scott H. Davison 101 West Broadway, Suite 1600 San Diego, CA 92101 William H. Mandir (admitted pro hac vice) John F. Rabena (admitted pro hac vice) Carl Pellegrini (admitted pro hac vice) Chandran B. Iyer (admitted pro hac vice) 2100 Pennsylvania Avenue, N.W. Washington, D.C. 20037 Attorneys for Plaintiff GIRAFA.COM, INC. 13 As required by Cal.