Judge: Colin Leis, Case: 22STCV19506, Date: 2023-08-31 Tentative Ruling

Case Number: 22STCV19506    Hearing Date: August 31, 2023    Dept: 74

JABARI JUMAANE, et al. vs MARQUEECE HARRIS-DAWSON, et al.

Motion for Attorney Fees and Costs

The court considered the moving papers. No opposition was timely filed. (Code Civ. Proc., § 1005 [“All papers opposing a motion […] shall be filed with the court and a copy served on each party at least nine court days […] before the hearing.”].)

BACKGROUND 

            This action arises from a dispute over alleged defamation.

            On June 15, 2022, Plaintiffs African Firefighters in Benevolent Association and Jabari Jumaane (Plaintiffs) filed a complaint against Defendant Marqueece Harris-Dawson (Defendant). In the complaint, Plaintiffs alleged one cause of action for defamation.

            On October 5, 2022, Defendant filed a special motion to strike under Code of Civil Procedure section 425.16.

            On January 26, 2023, the court granted Defendant’s special motion to strike in its entirety.

            On February 27, 2023, Defendant filed this motion for attorney’s fees.

DISCUSSION 

            Because Defendant prevailed on his special motion to strike, he is entitled to attorney’s fees. (Code Civ. Proc., § 425.16, subd. (c)(1) [“[…] a prevailing defendant on a special motion to strike shall be entitled to recover that defendant's attorney's fees and costs.”].) The court finds Defendant’s counsel’s hourly rate reasonable and notes his hourly breakdown of work performed. (Persoff Decl., ¶¶ 2, 3). But because Plaintiffs did not file an opposition to Defendant’s motion for fees, the court reduces the proposed fee award. The court awards Defendant $11,100 in attorney’s fees (= $500 x (19.4 hours (review of complaint, drafting of motion and reply, oral argument) + 0.8 hours (preparing notice of entry of order and proposed judgment) + 2 hours (drafting motion for attorney’s fees and oral argument)).

CONCLUSION 

Based on the foregoing, the court grants Defendant’s motion for attorney’s fees. Plaintiff shall pay Defendant’s counsel $11,100 by October 1, 2023.