Below Market San Diego Hourly Rates, Combined With Explanation Of Work Effort, Sustained Result.
In Galicia v. Spencer, Case Nos. D063758/D064441 (4th Dist., Div. 1 Jan. 27, 2015) (unpublished), plaintiffs lost a SLAPP motion to the defense based on certain state immunities to civil/constitutional rights allegations, which then resulted in a $28,448 mandatory fee award to the defense under the mandatory SLAPP fee-shifting statute, Code of Civil Procedure section 425.16(c).
Given that plaintiffs did not overturn the merits SLAPP award, this meant the fee award was scrutinized under the deferential abuse of discretion review standard. The defense showed that the hourly rates of $185 for partner work and $80 for paralegal work in the San Diego legal community was below the market value for similar legal services in this venue, a proposition easily accepted by both the trial and appellate courts. The SLAPP motion involved some complexities over the proper state immunities, such that the 133.5 hours spent on the motion was not seen as "over the top" under the circumstances. After all, the defense had to review an underlying criminal case in order to develop the immunity arguments. As far as substantiation is concerned, no detailed billings were required given that fees may be based on counsel’s declarations alone. (Raining Data Corp. v. Barrenechea, 175 Cal.App.4th 1363, 1375 (2009).)