KETCHUM v. MOSES

No. S077350.

104 Cal.Rptr.2d 377 (2001)

24 Cal.4th 1122

17 P.3d 735

Smith A. KETCHUM III, Plaintiff and Appellant, v. John M. MOSES, Defendant and Respondent.

Supreme Court of California.

Rehearing Denied May 16, 2001.


Attorney(s) appearing for the Case

Krause & Baskin, Marshall W. Krause and Lawrence A. Baskin, San Rafael, for Plaintiff and Appellant.

Bill Lockyer, Attorney General, Pamela Smith-Steward, Chief Assistant Attorney General, Margaret A. Rodda, Assistant Attorney General, Tyler B. Pon and Lisa A. Tillman, Deputy Attorneys General, for California Highway Patrol as Amicus Curiae on behalf of Plaintiff and Appellant.

Casey Gwinn, City Attorney (San Diego), as Amicus Curiae on behalf of Plaintiff and Appellant.

Remcho, Johansen & Purcell, Robin B Johansen and James C. Harrison, San Francisco, for Education Legal Alliance as Amicus Curiae on behalf of Plaintiff and Appellant.

Jeremy L. Friedman; Law Office of Richard M. Pearl and Richard M. Pearl, for Defendant and Respondent.

Law Offices of Charles B. Renfrew, Charles B. Renfrew, San Francisco; Lieff, Cabraser, Heimann & Bernstein, Robert J. Nelson, San Francisco, Joshua P. Davis and Caryn Becker, San Francisco, for The Bar Association of San Francisco, as Amicus Curiae on behalf of Defendant and Respondent.

The Sturdevant Law Firm, James C. Sturdevant, San Francisco, and Jack P. Hug for Consumer Attorneys of California, as Amicus Curiae on behalf of Defendant and Respondent.

Saperstein, Goldstein, Demchak & Bailer, Linda M. Dardarian, Debra A Smith, Oakland; and Brad Seligman, Berkeley, for The Impact Fund, et al., as Amici Curiae on behalf of Defendant and Respondent.

Mark Goldowitz, Richmond, for California Anti-SLAPP Project, as Amicus Curiae on behalf of Defendant and Respondent.


MOSK, J.

Defendant sought mandatory attorney fees after he moved to strike allegations in a so-called strategic lawsuit against public participation, or SLAPP action, under section 425.16 of the Code of Civil Procedure. The superior court granted the motion and awarded attorney fees, including fee enhancements based on contingent risk and the exceptional quality of the legal services provided. We granted review to address the question whether the attorney fees were...

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