Chavez v. Rady Children’s Hospital CA4/1
Plaintiff Azael Chavez filed an action against Rady Children's Hospital (Rady), several Rady physicians, and other defendants arising out of a report to police of suspected child abuse or neglect of his child that resulted in his conviction on two counts of felony child abuse. After Rady filed an anti-SLAPP motion pursuant to Code of Civil Procedure section 425.16, the trial court issued a tentative ruling granting that motion. However, before the court issued a final ruling on the motion, Chavez voluntarily dismissed his action without prejudice. Rady then filed a motion for an award of attorney fees and costs pursuant to section 425.16, subdivision (c)(1), and sanctions pursuant to section 128.5. The court issued an order granting that motion, awarding Rady attorney fees and costs and dismissing Chavez's action with prejudice, and then entered judgment for Rady. Chavez appeals that judgment.
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