Lodestar, SLAPP, Special Fee Shifting Statutes: Pasternack Decision Now Published

Acceptance Of A Reduced Rate From Client Does Not Preclude Attorney From Seeking A Reasonable Hourly Rate Pursuant To The Lodestar Method.

            In our June 10, 2021 post, we discussed Pasternack v. McCullough, Case No. B302137 (2d Dist., Div. 8 June 7, 2021) which was unpublished at the time.  Pasternack follows other California decisions in holding that an attorney is not precluded from seeking a reasonable hourly rate pursuant to the lodestar method – even where the attorney has accepted a reduced rate from a client.  (Chacon v. Litke, 181 Cal.App.4th 1234, 1260 (2010) [discussed in our January 19, 2010 post]; PLCM Group, Inc. v. Drexler, 22 Cal.4th 1084 (2000) [our Leading Case No. 1].)

            We can now report that Pasternack was certified for publication on June 25, 2021.