Appeal Sanctions/SLAPP: $18,456.58 Fee/Costs Award Affirmed To Defense Affirmed On Appeal

 

Appellate Court Found No Abuse of Discretion, Given Trial Court Reduced From Requested $39,104.58 Fees/Costs—However, 1.5 Multiplier Was Proper.

     In Meaux v. Springfield, Case No. A139840 (1^st Dist., Div. 5 July 16, 2014) (unpublished), defense prevailing on a SLAPP motion requested $39,104.58 in fees/costs (inclusive of a 2.0 multiplier, but not for “fees on fees” work). The requested hourly rate was $400 for the San Francisco legal community. The lower court awarded the defense $18,456.58 in fees/costs, reducing for excessive hours but granting the lodestar request augmented by a 1.5 multiplier at the $400 hourly rate.

     Plaintiffs appealed, but lost.

     Most of the appeal failed because plaintiffs did not challenge the fee order with specific record cites about duplicative or specific line item billings. (Plaintiffs did in the reply brief, but this was too late.)

     The defense asked for appellate sanctions, but the First District—in line with some prior decisions in this area—found it sufficient to allow defendants to seek additional SLAPP fees for winning on appeal. Punishment enough, already, to boil it down for you with respect to the ultimate appellate ruling.