Judge: Nathan R. Scott, Case: Ibbetson v. Grant, Date: 2022-08-05 Tentative Ruling

Cross-defendants Bruce Ibbetson and Donna Warwick’s motion for attorney fees is granted.  (See Code Civ. Proc. § 425.16.)

Cross-complainants William Grant, Jon Van Cleave, James Netzer and counsel David Dimitruk shall pay $45,145.00 in reasonable attorney fees and $1,005.20 reasonable costs to cross-defendants.

This awarded is made pursuant to the anti-SLAPP statute, not as sanctions.  (See Code Civ. Proc., § 426.16, subd. (c); Tuchscher Development Enters. v. San Diego Unified Port Dist. (2003) 106 Cal.App.4th, 1219, 1248; see also RFJN Ex. 1 [opinion]; 10/30/20 order.)

The motion was properly filed pursuant to California Rules of Court, rule 3.1702(c).  Rules 3.1700 and 8.278(c) do not require a memorandum of costs on appeal to recover statutory attorney’s fees.

The award represents the court’s lodestar analysis reasonable work at reasonable rates.  (See Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131; PLCM Group v. Drexler (2000) 22 Cal.4th 1084, 1095 [court values attorney fees].) 

As for the fees incurred on appeal, the court declines to reduce the $39,145.00 fee request for partial success.  The appeals themselves were was entirely successful.

As for the fees incurred on this motion, the court reduces the request to $6000, reflecting 20 total hours at $300 per hour.

Cross-defendants shall give notice.