Court Reduced Requested Fees by 40%.
If you are on appeal of a fee award, unless a fee entitlement issue is involved, the hardest thing to do is challenge the reasonableness of the fee award unless shocking in nature on a facial basis. That is so because reasonableness of the fees is an issue within the sound discretion of the trial court, with the deferential review standard being applicable. (Wilkerson v. Sullivan, 99 Cal.App.4th 443, 448 (2002).)
Jovaag v. Champion Mobile Notary, Case No. H039269 (6th Dist. May 20, 2014) (unpublished) illustrates these truisms in real time.
There, the defense won a SLAPP motion, requesting $12,667.85 in fees under the mandatory fee-shifting statute (CCP § 426.16(c)). The lower court awarded $7,715, and plaintiff appealed to no avail. The fee award was found reasonable on appeal because the lower court did reduce the request by 40%, defense counsel was experienced in professional liability defense, and the time spent/hourly rates requested were well within the realm of reason. (Defense counsel sought $395/$300 hourly rates for the San Francisco Bay area, deemed by the appellate court to be reasonable—very reasonable we bloggers might add.)