$9,321 Award Sustained Where No Error Shown By Losing Plaintiff.
In Nejadpour v. Fink, Case No. B204937 (2d Dist., Div. 5 Dec. 10, 2008) (unpublished), plaintiff lost an anti-SLAPP motion and defendant was awarded $9,321 in mandatory fees out of a requested $10,296. The trial court actually accepted plaintiff’s argument that some discovery fees needed to be excluded from the award. Plaintiff appealed, but did not show any abuse of discretion with respect to the fees award.
Defendant’s fee motion was accompanied by a counsel declaration attesting to time spent on the case and his billing rate as well as accompanying detailed billings. Plaintiff mainly argued that defendant’s counsel was charging him under a “gentlemen’s agreement at a discounted rate.” Because this showing was only speculative in nature, the Court of Appeal affirmed the fee award, finding no abuse of discretion in rejecting the speculative argument and giving credence to the detailed billing information presented by the defense.