• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer
  • Home
  • About
  • Services
  • Contact
  • Reviews

California Defamation Law Blog

  • Home
  • About
  • Blogs
  • Archive Page
  • Privacy Policy
  • Disclaimer
  • Services
  • Contact Us
  • (626) 793-8607
You are here: Home / Attorneys' Fees / Should a court consider a plaintiff’s attorneys’ fees in determining how much to award in fees for the defendant following a successful anti-SLAPP motion?

Should a court consider a plaintiff’s attorneys’ fees in determining how much to award in fees for the defendant following a successful anti-SLAPP motion?

June 28, 2022 by Adrianos Facchetti Leave a Comment

Plaintiffs often incorrectly point to their attorney’s fees and costs to set the standard for what is reasonable. Plaintiffs will urge a court to use their attorney’s claimed expenditure of time as the yardstick for an award of fees. However, courts “should defer to the winning lawyer’s professional judgment as to how much time he was required to spend on the case.” Moreno v. City of Sacramento, 534 F.3d 1106, 1112 (9th Cir. 2008). This makes sense for a couple of reasons. First, defendants often have to do more work in the average anti-SLAPP case, since they are the moving party. Whereas a plaintiff will only need to file an opposition in the typical case, a defendant will file the moving and reply papers, which involves more work. Second, when a defendant successful obtains dismissal of the entire case, plaintiff’s argument that defendant spent an excessive amount of time on the case rings hollow. A defendant’s success indicates that the relative additional time that they spent on the case, compared to Plaintiff’s counsel, was beneficial and warranted.

In most cases courts should not consider plaintiff’s claimed attorney’s fees and costs in determining an award of fees to to the defendant. Instead, a court should consider each case on its own facts.

Buffer Share

Filed Under: Attorneys' Fees Tagged With: Anti-SLAPP

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Primary Sidebar

Some Featured

How to determine which costs are allowable in connection with an anti-SLAPP motion

Should a court consider a plaintiff’s attorneys’ fees in determining how much to award in fees for the defendant following a successful anti-SLAPP motion?

May a trial court consider a defendant’s “walk away” offer when determining the reasonableness of fees following a successful anti-SLAPP motion?

Recent Posts

Does a claim for intentional physical distress exist under California law?

Does California’s anti-SLAPP statute apply in bankruptcy court?

Must attorney-client confidences be revealed in order to obtain attorney’s fees after a successful anti-SLAPP motion?

Follow Us On

  • Facebook
  • Instagram
  • LinkedIn
  • Twitter

Search

Footer

California Defamation Law Blog

Law Offices of Adrianos Facchetti 4444 W. Riverside Drive, Suite 308, Burbank, CA 91505
California Defamation Lawyer & Attorney of Adrianos Facchetti Law Firm, offering services related to libel, internet defamation, slander, defamation of character, disparagement, anti-SLAPP, personal injury, car accidents, motorcycle accidents, trucking accidents, serving Los Angeles, San Fernando Valley, San Gabriel Valley, Pasadena, Burbank, Glendale, Arcadia, Beverly Hills, Santa Monica, Long Beach, Orange County, Ventura County, San Bernardino, and throughout California.

Recent Posts

  • How to determine which costs are allowable in connection with an anti-SLAPP motion July 18, 2022
  • Should a court consider a plaintiff’s attorneys’ fees in determining how much to award in fees for the defendant following a successful anti-SLAPP motion? June 28, 2022
  • May a trial court consider a defendant’s “walk away” offer when determining the reasonableness of fees following a successful anti-SLAPP motion? June 24, 2022
  • Does a claim for intentional physical distress exist under California law? June 20, 2022

Copyright © 2025 · Magazine Pro on Genesis Framework · WordPress · Log in