Judge: Joel R Wohlfeil, Case: 37-2022-00051003-CU-MC-CTL, Date: 2024-03-07 Tentative Ruling

SUPERIOR COURT OF CALIFORNIA,

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HALL OF JUSTICE

TENTATIVE RULINGS - February 15, 2024

02/16/2024  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, 01/16/2024

The Motion (ROA # 223) of Defendant CLIFTON DEMERY ('Defendant' or 'Demery') for an award of attorney fees from Plaintiff VICTORIA NGUYEN ('Plaintiff'), is GRANTED in the total reasonable amount of $8,700.00.

The Request (ROA # 227) for judicial notice is GRANTED IN PART and DENIED IN PART. The Court takes judicial notice of nos. 2, 3 and 8 and the dates only on which nos. 1 and 4 - 7 were filed with the Court; otherwise, the Request is DENIED.

On December 8, 2023, defendant Demery prevailed on an anti-SLAPP special motion to strike the First Amended Complaint. See ROA # 202.

'... [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 15 of the declaration of Megan K. Hawkins sets forth the hourly rate of $200. This is a reasonable hourly rate. The total hours incurred are evidenced by this declaration and the attached billing records ('Exhibit 3'). The hours incurred are reasonable and the entire amount will be awarded.

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