SLAPP: $19,900 Defense Fee Award Affirmed On Appeal, Despite Hefty “Fees On Fees” Motion Request

However, Certain Costs Were Not Allowed, Incorporating CCP § 1033.5 Restrictions Into SLAPP Costs Recovery.

            In Jones v. Reekes, Case No. F082866 (5^th Dist. Jan. 9, 2023) (unpublished), plaintiffs losing a SLAPP motion challenged the trial court’s award to the defense of $19,900 in fees (including $3,000 for “fees on fees” efforts) and $414.86 in costs even though $379.84 in costs encompassed expert consultation, transcripts, copier charges, and postage.  The appellate court affirmed the fee award because the trial judge has a large amount of discretion to determine if the amount, including “fees on fees,” was reasonable, especially given that the hourly rate claimed was $300 for attorney work and $50 for secretarial work.  (The 1.5 requested positive multiplier was denied.)  However, the $379.84 in costs was reversed because the CCP § 1033.5 restrictions on costs were equally applicable in the SLAPP context.  (Lucky United Properties Investment Inc. v. Lee, 185 Cal.App.4^th 125, 137 (2010); Dowling v. Zimmerman. 85 Cal.App.4^th 1400, 1433 (2001).)