Lack Of Evidentiary Challenges To Hourly Rates Justified No Reduction, And Block Billing Does Not Have To Be Reduced Depending On The Circumstances.
In Nejad v. Abernathy, Case Nos. B304481/ B307759 (2d Dist., Div. 4 Nov. 1, 2021) (unpublished), the lower court granted $23,362.50 to a SLAPP winner, which was affirmed on appeal except for a demand letter not required under the SLAPP statute so as to reduce the award a little less to $23,100. The appellate court rejected challenges to the hourly rates because no evidence was introduced to challenge the rates. With respect to a block billing challenge, the trial judge has discretion not to reduce block billing—but it depends on very particular circumstances and the nature of the billing entries. Based on a detailed record by the lower court in granting fees, the deferential abuse of discretion standard showed that the award should be sustained.