Judge: Joel R Wohlfeil, Case: 37-2022-00051003-CU-MC-CTL, Date: 2024-01-26 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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TENTATIVE RULINGS - January 24, 2024

01/26/2024  09:00:00 AM  C-73 COUNTY OF SAN DIEGO

JUDICIAL OFFICER:Joel R. Wohlfeil

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Civil - Unlimited  Misc Complaints - Other Motion Hearing (Civil) 37-2022-00051003-CU-MC-CTL NGUYEN VS DEMERY [IMAGED] CAUSAL DOCUMENT/DATE FILED: Motion for Attorney Fees, 11/22/2023

The Motion (ROA # 186) of Defendants IRENE RAMIREZ and KRYSTAL MOORE ('Defendants') for an award of attorneys' fees and costs against Plaintiff VICTORIA NGUYEN ('Plaintiff'), is GRANTED in the total reasonable amount of 16,142.50.

Defendants Ramirez and Moore prevailed on their previous anti-SLAPP special motion to strike the First Amended Complaint. See ROA # 134.

'... [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).

Plaintiff's appeal of the order granting the special motion to strike does not divest this Court of jurisdiction to consider this motion. Carpenter v. Jack in the Box Corp. (2007) 151 Cal. App. 4th 454, 461.

Paragraph 21 of the declaration of Matthew Morache sets forth the hourly rates: $200 / $285 for the assigned partner and $170 / $225 for the assigned associate. These hourly rates are very reasonable.

On the other hand, the Court agrees with Plaintiff that the total fees incurred are slightly excessive. The anti-SLAPP Motion did not present overly complex issues. The fees incurred by attorney Hardy are reduced from $15,024 to $12,000. There is no evidence or argument presented justifying costs in the amount of $1,013.63. Therefore, this amount is reduced to $60.00.

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