Todd Witteles sues Mike Postle for $43k
The Mike Postle saga continues to unravel. To recap, Postle filed to terminate his multi-million defamation suit against 12 defendants including poker pros Todd Witteles and Veronica Bill.
The $330 libel case was initiated in November 2020. The case was set to be heard on April 1st. However, Postle filed to dismiss the case on the same day.
Even though the libel case is out and done at this point, the drama is far from over. Veronica Bill has already expressed interest to sue Mike Postle seeking legal fees. They are basing their motions on the California anti-SLAPP law that basically allows defendants to get their legal fees back from baseless and frivolous lawsuits.
Mike voluntarily dropped the case against me and many others. Now he owes me my legal fees https://t.co/FgiHko57Vp
— Veronica Brill 2.2 (@Angry_Polak) April 2, 2021
I do not think that Mike Postle understands how the Anti-SLAPP law works. You can’t just cut and run. You automatically lose the Anti-SLAPP motion if you do that.
— Marc J. Randazza (@marcorandazza) April 2, 2021
The initial anti-SLAPP motions by the two co-defendants are yet to be considered. Judge Shama H. Mesiwala will consider the two motions on April 20 and at the same time, dismiss the Postle’s lawsuit.
Todd Witteles sues for $43k
Witteles is the first of the defendants to sue Mike Postle for the legal fees incurred. He is seeking to recover more than $43,000 in legal fees, The motion was filed on April 6 by a California lawyer, Eric Bensamochan, in the Sacramento County Superior Court.
From the court filings, Witteles is seeking $43,314.50 from Postle. The amount includes $42,879.50 attorney fees and $435 in court costs.
“All of these fees were directly related to, or at a minimum, were ‘inextricably intertwined’ with the Anti-SLAPP motion.” “This includes the attorney’s fees that Defendant Witteles necessarily (and reasonably) incurred in connection with the anti-SLAPP motion; and other related litigation activities, such as reviewing and analyzing the complaint, participating in discussions with counsel, filing the Anti-SLAPP motion, reviewing Plaintiff’s opposition, preparing reply papers, and preparing for and attending hearings related to the Anti-SLAPP motion.”
However, the presiding judge has the final say to the exact amount to be awarded. Therefore, Judge Mesiwala could award the exact amount being sought, a fraction of the amount, or more than the quoted amount.
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