Judge: Randall J. Sherman, Case: 2020-01145998, Date: 2022-12-30 Tentative Ruling

Defendants Anthony B. Scudder and Aroha Holdings, Inc.’s unopposed Motion to Award Anthony B. Scudder and Aroha Holdings, Inc. Attorneys’ Fees and Costs Pursuant to Code of Civil Procedure §425.16 is granted in the amount of $13,482.18 against plaintiff Justin S. Beck.

The court granted defendants’ anti-SLAPP motion on November 13, 2020.  A notice of that ruling was filed the same day.  Judgment was entered on December 17, 2020 and the clerk provided notice the same day.  This motion was filed on January 19, 2021, within 60 days from notice of entry of judgment, and is therefore timely.

A prevailing defendant on an anti-SLAPP motion is entitled to a mandatory award of attorneys’ fees and costs.  CCP §425.16(c)(1); Ketchum v. Moses (2001) 24 Cal. 4th 1122, 1131.  A prevailing defendant also is entitled to an award of attorneys’ fees and costs in litigating the fee award itself.  Wanland v. Law Offices of Mastagni, Holstedt & Chiurazzi (2006) 141 Cal. App. 4th 15, 21.

Defendants’ attorneys spent 28.1 hours on the anti-SLAPP motion, incurring lodestar fees of $11,545.  The associated filing fees were $77.18.  Accordingly, the total fees and costs for the anti-SLAPP motion were $11,622.18.  On the fee motion, defendants’ attorneys spent 3 hours preparing the motion, incurring lodestar attorneys’ fees of $1,300, and anticipated spending another 5.5 hours reviewing the opposition, preparing a reply, and attending the hearing.  But plaintiff did not file any opposition to this motion.  The court considers 1 hour a reasonable amount of time for defendants’ attorneys to prepare for and attend the hearing, at a fee of $500.  Defendants incurred a $60 filing fee on this motion.  Thus, reasonable attorneys’ fees and costs for this matter total $13,482.18.

Defendants Anthony B. Scudder and Aroha Holdings, Inc. are ordered to give notice of the ruling.