Underlying SLAPP Motion Involved First Published California Opinion On Civil Code Section 47.2, Which Also Has A Prevailing Defendant Statute Allowing For Trebling In The Discretion Of The Court.
In Sellars v. Rose, Case No. G066255 (4th Dist., Div. 3 Nov. 10, 2026) (unpublished), defendant SLAPPed a plaintiff under Civil Code section 47.1, a statutory provision conferring a privilege on a sexual harassment victim’s public statements and also containing a fee shifting provision which allows for a potential trebling of prevailing party fees. The SLAPP merits win was affirmed on appeal in a separate opinion. Defendant then moved for attorney’s fees under the SLAPP and Civil Code section 47.1, requesting $342,523 in fees ($171,261.50 lodestar, and a doubling multiplier under section 47.1). The lower court denied the multiplier and reduced the requested lodestar by $9,375.50 to arrive at a fee award of $161,886.00.
The fee award was sustained on appeal. The hourly rates of $595 and $895 were supported by attorney declarations, even if at the higher end for Orange County rates. The award was not excessive given that the case had some complexity, resulting in a merits decision which was the first published California opinion on section 47.1. The total amount claimed, 223.7 hours, was not unreasonable given the first impression issue faced in the SLAPP hearing, distinguishing it from other situations where SLAPP fee claims were deemed excessive.