Defendant Originally Requested $37,400, But Plaintiff Appealed The Reduced Fee Award Anyway.
Plaintiff in Capital Wholesale LLC v. Buehring, Case No. C095879 (3d Dist. June 21, 2023) (unpublished) lost a SLAPP motion which resulted in his complaint being stricken and with the lower court awarding the prevailing defendant $23,728 in attorney’s fees out of a requested $37,400, determining the issues were straightforward and that 50 hours rather than the claimed 81.6 hours were the reasonable amount of time to be compensated. Interesting enough, plaintiff appealed, arguing the proper lodestar methodology was not followed by the lower court. The appellate court disagreed, especially given the reduced fee award showing that the trial judge did follow the Ketchum lodestar standards (see our Leading Case No. 8).
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