Trial Court Reduced Fee Request By $31,000.
In our category “SLAPP,” we have reviewed many decision awarding mandatory attorney’s fees to defendants prevailing in SLAPP proceedings. (Code Civ. Proc., § 425.16(c).)
Here is one where substantial fees were awarded, even though substantial fees were reduced from the requested amount.
Winning defendants in Hilsenrath v. Nixon Peabody LLP, Case Nos. A121271 & A121978 (1st Dist., Div. 5 Oct. 30, 2009) (unpublished) won a SLAPP motion against plaintiffs, a determination affirmed on appeal. Defendants moved to recoup fees of $76,632 and costs of $1,308.76. The trial court reduced the fees and awarded $45,434 against plaintiffs, after finding that 120 hours of work (rather than 200 hours) was the reasonable time spent on the complicated motion.
Plaintiffs also appealed the fee ruling. They lost, because plaintiffs did not demonstrate any abuse of discretion.
Their primary argument that the fee award was inappropriate because their complaint was a SLAPPback action under Code of Civil Procedure section 425.18. The flaw here is that the malicious prosecution claim that was SLAPPed was not based on a complaint that was dismissed subject to a motion to strike, but on an earlier federal complaint which was dismissed for failure to prosecute. Simply put, no SLAPPback suit was involved. As a result, the fee award was affirmed on appeal.