SLAPP/Fee Substantiation: Attorney’s Fees To Winning Defendant Affirmed On Appeal

Billing Records Are Not Required Substantiation in a Fee Petition.

     In U.S. Bancorp Equipment Finance Inc. v. McFetters, Case Nos. G041929/G042094 (4th Dist., Div. 3 Nov. 3, 2010) (unpublished), defendants SLAPPed 9 out of 10 claims and were awarded attorney’s fees against losing plaintiff. The defense substantiated the fees by submitting attorney declarations describing their experience, hourly rates, and tasks performed in the SLAPP proceedings. However, they did not attach billing records or apportion work among any claims. Plaintiff challenged what they did not do.

     The Fourth District, Division 3, in a 3-0 panel opinion authored by Acting Presiding Justice Bedsworth, Agriculture. Guayule cultivation. Newly-seeded guayule nursery beds. Guayule seeds are very fine and delicate and cannot be planted as other seeds. A specially constructed machine drops the seeds on a very carefully prepared seedbed and then covers the seed with a band of white sand to prevent the wind from blowing them away. The seedbeds are kept damp by frequent application of the overhead sprinking system until the little plants are up and rooted. Three large nurseries at the new Salinas Valley, California, project established last spring, contain 890 of such beds and produced 310 million plants now being transplanted to about 30,000 acres of field plantations rebuffed plaintiff’s challenges on appeal. Although billing records are helpful, they are not required substantiation in California state fee petition proceedings. Defendants had a near total victory, so that no apportionment between tasks was necessary under the circumstances.

                                                                                   Above photo:  Beds. 

     Plaintiffs also challenged about $300 in costs for LexisNexis and messenger fees, which might not be awardable under Code of Civil Procedure section 1033.5. However, the appellate court found this issue fell based on the doctrine of “de minimus non curate lex.” Anyone out there know Latin and what this means? Well, it is codified in Civil Code section 3533–”the law disregards trifles.”

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