Cases...

California Supreme Court Experience

2002- Orally argued as Amicus Counsel in City of Cotati v. Cashman (2002) 2002 DJDAR 9950 before California Supreme Court on 6/6/02 in support of the Cashman Petitioners (SLAPP defendants).

2002- Filed Amicus Curiae Brief in California Supreme Court in support of prevailing SLAPP defendant in Equilon Enterprises v. Consumer Cause, Inc.(2002) 2002 DJDAR 9945.

2002-2003 Two Petitions for Review GRANTED by California Supreme Court in unpublished SLAPP/Malicious Prosecution case Soukup and Hutton v. Law Offices of Herbert Hafif et al. ( No. S109615, S111545). Case was transferred back to Court of Appeal on 10/29/03 for reconsideration in light of Jarrow Formulas v. La Marche (2003) 31 Cal.4th 728, 731 and Navellier v. Sletten (2002) 29 Cal.4th 82, 94-95.

2004- HUTTON v.HERBERT HAFIF et al.
Case # B162572 (Los Angeles County Super. Ct. No. BC241082)
APPEAL from an order of the Superior Court of Los Angeles County, Paul Gutman, Judge. Reversed with directions.

2003- Filed Amicus Curiae Brief in California Supreme Court in support of prevailing SLAPP defendant in Jarrow Formulas v. La Marche (2003) 31 Cal.4th 728, 731.

Significant California Court of Appeals Published Decisions

2001-Represented SLAPP defendant in Dowling v. Zimmerman (4th Dist. 2001) 85 Cal.App.4th 1400.

2003- Represented SLAPP defendant in Commonwealth Energy Corp. v. Investors Data Exchange (4th Dist. 2003) 110 Cal.App.4th 26.

2000-Represented defendant in West Shield Investigations & Security Consultants v. Superior Court (2000) 82 Cal.App.4th 935, review denied. [Petition for Writ of Mandate GRANTED after denial of Summary Judgment]

Significant Unpublished Pro-Plaintiff SLAPP Cases

A. Court of Appeal Decisions

Most notably, Mr. Moneer represented a defamation PLAINTIFF against a SLAPP motion filed by Mark Goldowitz, Esq., Director of the California Anti-SLAPP project. The trial court granted the SLAPP motion but Mr. Moneer obtained complete reversal on the SLAPP appeal against Mr. Goldowitz: Folkers et al. v. Newton et al. (4th/3 No. G017187; O.C.S.C. No. 732664) filed 4/24/98. Mr. Goldowitz' petition for review was DENIED July 15, 1998.

B. Superior Court Orders

7/16/03- Johannes Ramirez, M.D. v Renato Judelena, M.D. et al. (BLC 002131) - Represented plaintiff Ramirez in successfully opposing defendants' anti-SLAPP motion. Defendants voluntarily dismissed their SLAPP appeal pursuant to settlement. (4th/2 No. E034725). Plaintiff Ramirez paid no SLAPP fees or costs as part of that Settlement. The firm of Stephen, Oringher, Richman, & Theodora, P.C. - Los Angeles, represented the defendants.

8/6/02- Successfully defeated SLAPP motion filed by defendant Farmers Ins. Exchange in McCurley et al. v. Farmers et al. v. Schaeffer, Farmers et al. (L.A.S.C. No. BC253984) Defendants did not appeal. Plaintiffs paid no SLAPP fees or costs to defendants. The firm of Tharpe & Howell, Los Angeles represented the defendants.

Significant Unpublished SLAPP Defense Cases

Represented defendant Chappell and obtained complete reversal of order denying SLAPP motion against Jones, Day, Reavis & Pogue, Irvine. Commonwealth Energy Corp. v. Chappell (4th Dist/3 No. G026344) filed January 15, 2002.

Significant SLAPP Fee Awards

2002- Awarded $108,000 in SLAPP fees by Court at $325/hr. for 302 out of 302 hours billed in Commonwealth Energy Corp. v. Chappell (O.C.S.C. No. 811996).