Judge: James L. Crandall, Case: 21-1204768, Date: 2022-10-20 Tentative Ruling

Motion for Attorney Fees

Plaintiff/Cross-Defendant Kenny Chang’s (“Chang”) motion for an award of attorney’s fees and costs pursuant to this Court’s April 7, 2022 order granting Plaintiff’s Special Motion to Strike Portions of Defendant/Cross-Complainant OCRV Paint & Service’s (“OCRV”) Cross-Complaint is GRANTED in the amount of $3,600 in fees and $120 in costs.

Code of Civil Procedure section 425.16, subdivision (c)(1) provides that “a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney’s fees and costs.” “[A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees.” (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.)

However, “when a defendant cannot in any realistic sense be said to have been successful, fees need not be awarded. (Moran v. Endres, (2006)135 Cal. App. 4th 952, 956.)

In Mann v. Quality Old Time Service, Inc. (2006) 139 Cal.App. 4th 328, 340, the court held “that a party who partially prevails on an anti-SLAPP motion must generally be considered a prevailing party unless the results of the motion were so insignificant that the party did not achieve any practical benefit from bringing the motion. The determination whether a party prevailed on an anti-SLAPP motion lies within the broad discretion of a trial court.”

Defendants are entitled to recover attorney fees and costs incurred in moving to strike the claims on which they prevailed, but not fees and costs incurred in moving to strike the remaining claims. (Jackson v. Yarbray (2009) 179 Cal.App.4th 75, 82.) However, “attorney fees need not be reduced for work on unsuccessful claims if the claims ‘are so intertwined that it would be impracticable, if not impossible, to separate the attorney’s time into compensable and noncompensable units.’” (Mann, supra, 139 Cal. App. 4th at 342.)

In setting a fee award under section § 425.16, courts apply the lodestar approach. (569 East County Boulevard LLC v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 432.) Further, the successful party may only recover reasonable fees. (Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1133.)

“[A] defendant who brings a successful special motion to strike is entitled only to reasonable attorney fees and not necessarily to the entire amount requested.” (Cabral v. Martins (2009) 177 Cal. App. 4th 471, 491.)

Defendant has the burden of showing the fees it incurred and that the fees were reasonably incurred. Maughan v. Google Tech., Inc. (2007) 143 Cal. App. 4th 1242, 1254.

“The trial judge is ‘the best judge of the value of professional services rendered in his court.’ (Ketchum v. Moses (2001) 24 Cal.4th 112, 1132.) 

 “In making its calculation, the court may rely on its own knowledge and familiarity with the legal market, as well as the experience, skill, and reputation of the attorney requesting fees . . . the difficulty or complexity of the litigation to which that skill was applied . . . and affidavits from other attorneys regarding prevailing fees in the community and rate determinations in other cases.” (569 E. County Boulevard LLC v. v. Backcountry Against the Dump, Inc. (2016) 6 Cal.App.5th 426, 436–437.)

Chang moved to strike OCRV’s allegation in Paragraph 34 of OCRV’s Cross-Complaint that “Chang also contacted the Bureau of Automotive Repair in April,” as well as the Second Cause of Action for Breach of Covenant of Good Faith & Fair Dealing, Third Cause of Action for Quantum Meruit and Fourth Cause of Action for Promissory Estoppel. (ROA No. 83.)

The Court granted Chang’s “Special Motion to Strike Portions of OCRV’s Cross-Complaint as to the Second Cause of Action for breach of the covenant of good faith and fair dealing,” but denied the request to strike the Third and Fourth causes of action. (ROA No. 108.)

Thus, the elimination of the second cause of action narrowed the scope of the lawsuit by limiting discovery and reducing potential recoverable damages.

Applying the lodestar approach, the court GRANTS attorney’s fees in the reduced amount of $3,600.

The court also GRANTS $120 in costs.

Moving party to give notice.

Future hearing dates

11/17/22 – Demurrer to Amended X-Complaint/CMC