However, Cautionary Footnote from Appellate Panel Bears Noting for Trial Courts and Practitioners Alike.
Winning SLAPP defendants were awarded $20,165.04 (out of a requested $36,472.04) in attorney’s fees under the mandatory fee-shifting provision of Code of Civil Procedure section 425.16.
The appellate court affirmed under the abuse of discretion standard in Mestler v. KTGY Group, Case No. D057313 (4th Dist., Div. 1 Mar. 7, 2012) (unpublished). It affirmed the lower court’s findings that only normal hourly rates should be used (not something more, given the matter was not that complex) and that L.A.-San Diego traveling expenses for hearings should not be compensated to out-of-town counsel (agreeing local counsel should have attended the hearings instead).
However, the appellate panel did drop a footnote for all to pay attention to in the SLAPP fee area: “Although we ultimately conclude that the trial court did not abuse its broad discretion in determining the amount of attorney fees in this case, we urge trial courts to carefully scrutinize attorney fee requests in the anti-SLAPP context to ensure that awards are based solely on hours “reasonably spent” by attorneys litigating such matters.” (Slip Opn., fn. 2.) Bears noting, doesn’t it!