Larry Iser and Greg Gabriel Defeat Anti-SLAPP Motion and Slap Back
When an LA music lawyer was terminated by a Band due to false and defamatory statements by the Band’s auditor that the lawyer had not properly negotiated the Band’s record contract, KWIKA filed suit for the music lawyer. The auditor moved to dismiss the suit under California’s anti-SLAPP statute on the basis that his statements were protected free speech. Larry and Greg not only prevailed on the motion to dismiss but convinced the Court to award our client all of his attorney’s fees and costs in successfully defending against the motion to dismiss, a rare feat for the party defending against such motions. While a defendant who files a successful anti-SLAPP motion is entitled to an award of attorney’s fees, a plaintiff may only obtain attorney’s fees based on a heightened showing that the anti-SLAPP motion was frivolous. Trial of the case is set for September, 2012.