Attorney Fees Reversed In Action Brought In Public Interest Which Was Voluntarily Dismissed.

Plaintiff Brought A Class Action In A Debt collection matter, but voluntarily dismissed it after defendant moved for a special motion to strike under the antiSLAPP statute, Code of Civil Procedure section 425.16. After it was dismissed, defendant sought attorney fees under section 425.16. Plaintiff argued defendants would not have prevailed in the motion to strike because of the public interest exception to the statute, set forth in Code of Civil Procedure section  425.17. The trial court awarded fees of $11,581. The appellate court reversed, stating the trial court was required to determine whether defendant would have prevailed on the motion to strike, and, in this case, defendant would not have prevailed because plaintiff’s action came under the public interest exception. (Tourgeman v. Nelson & Kennard  (Cal. App. Fourth Dist., Div. 1; January 16, 2014) 222 Cal.App.4th 1447, [166 Cal.Rptr.3d 729].)