However, Trial judge Was Right In Reducing $50,295 Fee Request Down To $33,759.28.
By now, our readers know that SLAPP defendants are entitled to mandatory attorney’s fee awards. However, there is an important “but.” That “but” is that the defense requested fees must be reasonable, with a large amount of discretion imbued to the trial court to reduce them on this basis. These principles were well illustrated in Nicosia Consulting International, LLC v. Rees, Case No. A149278 (1st Dist., Div. 2 July 23, 2018) (unpublished).
There, somewhat what late in the SLAPP motion proceeding, defendant did raise a winning argument in the form of the official proceeding privilege (OPP). The trial judge, although noting this turn of events, still granted the successful defendant $33,759.28 in SLAPP fees, reducing the fee request down from $50,295. Plaintiff appealed, but the appellate court affirmed. The trial judge did grant a decrease for plaintiff’s efforts in espousing unsuccessful theories and for other factors such that the award was justified as far as amount under the deferential abuse of discretion standard.