SLAPP: $15,000 Fee Award Affirmed Out Of $35.382.37 Request

 

Second District, Division 1 Clarifies that Maughan Did Not Establish a 50 Hour Definitive “Upper Limit” for Compensable SLAPP Motion Work.

     In Stark v. Withrow, Case No. B214957 (2d Dist., Div. 1 Apr. 26, 2010) (unpublished), the Second District, Division 1 affirmed a $15,000 fee award (out of a requested $35,382.37) in favor of a winning SLAPP defendant.

     Initially, the appellate panel reiterated what we have reported as being the case in many cases: in California, adequate fee substantiation can come from counsel’s declarations alone, without the production of detailed time records. (Raining Data Corp. v. Barrenechea, 79 Cal.App.4th 285, 293 (2009).) Furthermore, a declaration from a local attorney—even the winning one—can be sufficient evidence of an appropriate billing rate. (Davis v. City of San Diego, 106 Cal.App.4th 893, 903 (2003).)

     Maybe most importantly, Division 1 clarified that its own prior decision in Maughan v. Google Technology, Inc., 143 Cal.App.4th 1242, 1249 (2006) (authored by Presiding Justice Mallano)—did not establish 50 hours as a per se definitive upper limit on the work that is compensable for prevailing on a SLAPP motion. (Slip Opn, pp. 6-7; accord, Premier Medical Mgt. Systems, Inc. v. CIGA, 163 Cal.App.4th 550, 561 (2008) [2d Dist., Div. 4].)

     With that win, defendant was also entitled to recover his reasonable fees for prevailing on appeal, with that determination to be made by the trial court.

     Stark was authored by Justice Johnson, and concurred in by Presiding Justice Mallano and Justice Rothschild.

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