SLAPP: Lower Court’s Grant Of $30,742.86 In Fees To SLAPP Winner, Out Of Requested $152,529.15, Was No Abuse Of Discretion

 

Hourly Rates Properly Reduced Plus Padded Billings Presumptively At Issue.

    In 569 East County Blvd., LLC v. Backcountry Against the Dump, Inc. (BAD), Case No. D068538 (4th Dist., Div. 1 May 18, 2016) (unpublished), defendant BAD’s SLAPP motion was granted.  However, the real battle was over the fees to be awarded BAD:  it sought $152,529.15 in attorney’s fees under a mandatory fee-shifting provision, but the lower court only awarded it $30,752.86.

    The result was affirmed on appeal.

    BAD asked for a high lead attorney rate of $750, but the trial court found $275 was reasonable.  The appellate court found there was conflicting expert witness testimony, such that plaintiff’s proof could be accepted over that presented by the defense.  With respect to hours worked, the lower court did not err in finding that a lot of the work was not causally related to the SLAPP motion and that there was attorney duplication invoking the presumption that the work was “padded” in nature.