Judge: Rafael A. Ongkeko, Case: 22SMUD01488, Date: 2023-03-09 Tentative Ruling

Note:
The court's tentative rulings, as posted, will not have the same formatting "look" as the court's original Word version.
A pdf version of the latter will be available in court to those appearing in person or by email upon request made to the clerk before the hearing for those appearing remotely. 
Dept. D contact information:
Email: samdeptd@lacourt.org.
Phone: (310) 255-2483

Case Number: 22SMUD01488    Hearing Date: March 9, 2023    Dept: D

Tentative ruling in Stewart v. Vanham (22SMUD01488)

Tentative ruling:  None at this time.  The court intends to continue the hearing.

Discussion:  The court has received hundreds of pages of filings from the parties in connection with Plaintiff’s request for anti-SLAPP attorney fees and costs, currently set for hearing on 3/10/23.

As late as two days before the hearing, on 3/8/23, moving party filed an ex parte application to accept her attorney’s supplemental declaration and proposed exhibits 62 and 63. 

On 3/3/23 Defendant filed 18 evidentiary objections to Plaintiff’s Reply papers.  Not to be outdone, on 3/6/23, Plaintiff filed an unauthorized response of 27 pages to these objections.

Plaintiff’s initial request for fees was in the amount of “no less than $19,250” based on her attorney’s hourly rate of $550/hour over 35 hours.  That amount was calculated as of 12/14/22 when Plaintiff filed her opposition to the anti-SLAPP motion.  Having prevailed on the underlying anti-SLAPP motion, Plaintiff’s current request is “at least $190,447.”  By the time the court hears this matter, that amount may swell to over $200,000, well over tenfold from Plaintiff’s initial request. 

The court notes the parties have fast-approaching agreed calendar dates in Department “S” for a motion for summary judgment (3/22/23) and a jury trial date (4/5/23).  In the interest of promoting the prospects of a global resolution, judicial efficiency, and, if still required, the court’s thorough review of the merits of the parties’ voluminous papers filed in support of, or in opposition to, the fee motion, on its own motion, the court intends to continue Plaintiff’s fee motion from 3/10/23 to a hearing date to be determined after the jury trial has concluded.

The court will not permit any further filings regarding the fee motion without court order.