Trial Court Denies Defendant's Motion for Fees, Cyberlaw Clinic Files Appeal

At a hearing on February 3, 2004, the Court denied defendant's motion for fees and costs under the California Anti-SLAPP statute.  In reaching it's decision, the Court refused to consider any of the affidavits submitted in connection with the motion, even though the statute clearly requires a court to do so.  Cyberlaw clinic students have filed an appeal, asking the Court of Appeal to rule that Ampex's original suit is a SLAPP and that defendant is entitled to fees and costs.