Judge: James A. Mangione, Case: 37-2022-00038397-CU-BC-CTL, Date: 2023-12-08 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - December 07, 2023

12/08/2023  09:00:00 AM  C-75 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:James A Mangione

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Civil - Unlimited  Breach of Contract/Warranty Motion Hearing (Civil) 37-2022-00038397-CU-BC-CTL ST GERMAIN VS ESZLINGER [IMAGED] CAUSAL DOCUMENT/DATE FILED:

Defendants' Motion for Attorneys' Fees under the Anti-SLAPP statute (CCP § 425.16(c)) is granted.

For background, the Court directs counsel to its September 8, 2023, ruling on Defendants' anti-SLAPP motion.

A defendant who prevails on an anti-SLAPP motion is entitled to an award of reasonable attorney's fees and costs incurred in connection with the Anti-SLAPP proceeding. (City of Los Angeles v. Animal Defense League (2006) 135 Cal. App. 4th 606, 627.) The award of attorney's fees is limited to the reasonable fees incurred during the course of, or in connection with, the anti-SLAPP proceeding, not the entire action. (Lafayette Morehouse v. Chronicle Publi'g Co. (1995) 39 Cal. App. 4th 1379, 1381-2.) The fees include time spent associated with discovery initiated by the plaintiff related to the motion.

Plaintiff violated the rule prohibiting discovery by serving requests for admissions, requests for production of documents, and special interrogatories to each of these moving defendants.

Applying the lodestar method for determining the appropriateness of the amount of attorney's fees, the Court examines the number of hours worked as well as the requested hourly rate. The 'reasonableness' standard is applied to both.

The Court finds that 108.6 hours is a reasonable amount of time expended by defense counsel given the multiple amended complaints and the relationship between the legal issues in this motion vis-a-vis the procedural complexity of the underlying litigation. In addition, the Court finds that, given defense counsel's experience and the prevailing rate in the community, $500 per hour is reasonable.

Accordingly, the Court awards Defendants $53,300 in attorney's fees.

The minute order is the order of the Court.

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