Judge: Daniel S. Murphy, Case: 23STCV19576, Date: 2023-10-27 Tentative Ruling

Case Number: 23STCV19576    Hearing Date: January 10, 2024    Dept: 32

BACKGROUND

            On August 16, 2023, Plaintiff Eugene Popok filed this action against Defendants Mikhail Mekk and Mission Organic Center Inc., asserting causes of action for (1) breach of contract, (2) breach of the covenant of good faith and fair dealing, and (3) fraud.

            Plaintiff alleges that the parties entered into a settlement agreement in August 2019. (Compl. ¶ 8, Ex. 1.) Defendants allegedly breached the agreement’s confidentiality provision by disclosing the settlement without Plaintiff’s consent during a trial of a previous case between the parties (LC107612). (Id., ¶ 15.) The breach allegedly contributed to Defendants’ victory in the prior trial and cost Plaintiff the opportunity to sell his interest in Mission Organic Center Inc. (MOC) to his bail bondsman, Kamenetsky, for $750,000. (Id., ¶¶ 16-17.) Plaintiff also allegedly lost attorneys’ fees and costs paid in the appeal of case LC107612 as a result of the breach. (Id., ¶ 18.)

            On October 3, 2023, Defendants filed an anti-SLAPP motion, set for hearing on October 27, 2023. The motion was taken off calendar after Defendants failed to appear on October 27. Defendants refiled their anti-SLAPP motion on October 27, and the Court granted the motion on December 1, 2023.

            On October 30, 2023, Defendants filed the instant motion to recover attorneys’ fees associated with the anti-SLAPP motion. The motion was continued to January 10, 2024. Plaintiff filed his opposition on December 22, 2023. Defendants filed their reply on January 3, 2024.

LEGAL STANDARD

“[A] prevailing defendant on a special motion to strike shall be entitled to recover that defendant’s attorney’s fees and costs.” (Code Civ. Proc., § 425.16(c)(1).)

DISCUSSION

            Defense counsel’s hourly rate is $450. (Mangarelli Decl. ¶ 14.) The Court finds this to be reasonable. Defense counsel claims to have spent 22.3 hours associated with the anti-SLAPP motion and 4 hours for this motion. (Id., ¶¶ 15-16.) The Court finds this to be exaggerated. The reasonable number of hours for both motions is 18 hours. Defendants are also entitled to costs of $526.26. (Id., ¶ 19, Ex. C.) Therefore, the total recoverable amount is $8,626.26.

CONCLUSION

            Defendants’ motion for attorneys’ fees is GRANTED in the amount of $8,626.26.