Tuesday, July 19, 2016

Sharp Cut in SLAPP Fees Affirmed

569 E. Cnty. Blvd. LLC v. Backcountry Against the Dump, Inc., No. D068538 (D4d1 Jun. 16, 2016)

A prevailing movant on an anti-SLAPP motion can recover its attorneys’ fees. But the fees they need to be reasonable. Defendant here sought fees for almost 200 hours of partner work, at a $750 rate, plus some associate time at half that rate. The trial court knocked the rate down to $275 and cut the time more or less in half. Under the applicable abuse of discretion standard, the ruling holds up because there was substantial evidence before the trial court to establish the rates and hours it used in its calculation.

Affirmed. 


***Update: On rehearing (here) the court adds a bunch of footnotes shooting down other arguments made by the appellant.

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