Solomon Tesfamichael v. Circle Bar B Ranch Resort, Inc., et al.
Case No: 15CV01126
Hearing Date: Tue Apr 03, 2018 9:30

Nature of Proceedings: Motion Attorney Fees (Cont’d from 3/27/18 for Judge to Decide When the Attorney Fees are Payable By)

When is the Judgment for attorney fees payable?

Attorneys:

Daniella Felix, Plaintiff’s Attorney

Bryce Killen, Plaintiff’s Attorney

Eric Woosley, Defendant’s Attorney

Ruling: Attorney fees are payable no later than April 17, 2018.

Analysis:

City of Colton v. Singletary, 206 Cal.App.4th 751, 781–82 (2012) holds that: “Since the attorney fee award is associated with the anti-SLAPP statute it has little to do with the main causes of action in the case; rather, it is an ancillary issue growing out of the anti-SLAPP motion. Further, the attorney fee order directs the appellant to pay money to the respondent, which is an important consideration in determining if an order meets the collateral order exception. Thus, since the attorney fee order is (1) independent of the main causes of action, and (2) involves the payment of money by the appellant, we conclude it qualifies for the collateral order exception, and is directly appealable.”

It is clear to this Court that any order after a hearing and a decision on the anti-SLAAP request for attorney fees issue must reflect that the attorney fee award is independent of the main causes of action and is payable forthwith. The Court grants a request to have two weeks to pay the sum, to wit: until April 17, 2018.