Requested Hourly Rates Reasonable and Lack of Specific Challenges Doom Fee Challenges.
The appellate court in DiMare v. Taylor, Case No. B237373 (2d Dist., Div. 8 June 5, 2013) (unpublished) expressed frustration that it could not put an end to a fee division dispute between two attorneys representing plaintiff in a wrongful death-products liability action. However, in this appeal, the panel faced one attorney’s appeal of fees awarded against his opponent winning a SLAPP motion (which has a mandatory fee-shifting provision). So, the merits of the fee division dispute will have to come later.
SLAPP winner garnered over $106,000 in fees, prompting loser’s appeal. The first challenge was to the hourly rates claimed by the moving party’s attorneys/paralegal help, with the appellate court finding nothing excessive about these hourly rates for L.A. area attorneys: $415 -- 35 years; $385 -- lawyers with 25 and 12 years of experience; $300 -- 2 years; and $135 -- 20 year experienced paralegal. The second challenge was to certain billing entries not being related to the SLAPP motion win, but the lack of specific challenges doomed this argument.
There will be a second appeal involving these parties, because the SLAPP winning attorney was also awarded about $49,000 in fees for successfully opposing the other attorney’s dueling SLAPP motion. Stay tuned.
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