In the court case of George Shih et al. vs David Max et al., filed in the Court of Appeal of the State of California, Second Appellate District, Division One (Case ID: B324437) on April 29, 2024, a dispute over attorney fees and anti-SLAPP motion has been presented. The plaintiffs are George Shih, Frank Wood, Mahendra Vora and 8e6 Corp., represented by Newmeyer & Dillion's Benjamin P. Pugh and Jason Moberly Caruso. The defendants are David Max and Ralph Rogari, represented by Rogari Law Firm's Ralph Rogari and Law Offices of Sonia Perez Chaisson's Sonia Perez Chaisson.
The lawsuit originates from a previous case where David Max, a former shareholder in 8e6 Corporation (8e6), sued the corporation and its fiduciaries for breach of their obligation to permit shareholders to inspect its books and records. After voluntary dismissal of their complaint against Max and Rogari by 8e6 and the fiduciaries, Max and Rogari sought attorney fees which was denied by the court.
The plaintiff argues that despite the dismissal of the underlying action, the anti-SLAPP statute obligated the trial court to adjudicate their fee motion. They also contend that their entitlement to fees depends on the merits of their anti-SLAPP motion which has yet to be considered by the trial court.