What's a Reasonable Rate?

569 E. Cnty. Blvd LLC v. Backcountry Against the Dump, No. D068538 (D4d1 as modified Dec. 29, 2016)

This is on rehearing of from this prior opinion.

The lawsuit is a quintessential SLAPP. Developer sued Activist group for gettin’ up in its business and “interfering” with its prospective economic advantage. See Briggs v. Eden Council for Hope & Opportunity, 19 Cal. 4th 1106, 1125 (1999) (“The paradigm SLAPP is a suit filed by a large land developer against environmental activists or a neighborhood association intended to chill the defendants’ continued political or legal opposition to the developers’ plans. The favored causes of action in SLAPP suits are defamation, various business torts such as interference with prospective economic advantage, nuisance and intentional infliction of emotional distress.” (quotes and alterations omitted)) The trial court got that and struck the claim. This appeal is only about how much fees Activist’s lawyers get.

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.