$22,597.50 SLAPP Fee Award Based On Litigation Privileged Affirmed On Appeal.
In Christiana v. Plotkin, Case No. B244862 (2d Dist., Div. 1 Feb. 27, 2014) (unpublished), plaintiff (former defendant in a criminal action) sued defendant psychiatrist who issued a report he did not like on his competency to stand trial/assist his appointed public defender. The case was SLAPPed by defendant psychiatrist, who won mandatory fees for prevailing in the amount of $22,597.50. (Code Civ. Proc., § 425.16(c)(1) [mandatory SLAPP fee-shifting statute in favor of prevailing defense].)
On appeal, plaintiff challenged the defense submission of only an attorney declaration in support of fees, rather than detailed billings. Affirmed, because in California state courts, lower courts can rely on attorney declarations alone, even though the preferred practice is to submit billings also. (Raining Data Corp. v. Barrenechea, 175 Cal.App.4th 1363, 1375 (2009).)