CASE NAME: Richard S Hirschfield v. Tanya Cohen

CASE NUMBER: 19SMCV00967

MOTION: Motion for Attorney’s Fees Pursuant to CCP § 425.16

HEARING DATE: 2/4/2021

Background

On October 22, 2019, Taya Cohen (“Cohen”) filed a cross-complaint against Plaintiff and Cross-Defendant Richard S. Hirschfield, as Trustee of Richard S. Hirschfield Trust (“Hirschfield”), and Does 1 – 10 for: (1) violation of Civil Code § 1940.2; (2) violation of Santa Monica Municipal Code § 4.56.020; (3) violation of Santa Monica Municipal Code § 1890; and (4) breach of contract. On December 4, 2019, Hirschfield filed a special motion to strike paragraph 15, at page 4:7-10 from the Cross-Complaint. (07/02/2020 Order at 2.) The Court granted Cross-Defendant’s motion to strike those particular lines from the cross-complaint. (Id. at 5.) Hirschfield now seeks $9,840.00 for succeeding on the special motion to strike.

Legal Standard

“[I]n any action subject to subdivision (b), a prevailing defendant on a special motio