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. … [Read more...] about 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?
Attorneys' Fees
May a trial court consider a defendant’s “walk away” offer when determining the reasonableness of fees following a successful anti-SLAPP motion?
In most cases a court is not permitted to consider settlement offers under Evidence Code section 1152, which makes "inadmissible" evidence that is offered to "prove [the offeror's] liability for the loss." The main purpose of this rule is to encourage settlement. However, that section does not prohibit a judge from considering a plaintiff's rejection of a settlement offer when … [Read more...] about May a trial court consider a defendant’s “walk away” offer when determining the reasonableness of fees following a successful anti-SLAPP motion?
Must attorney-client confidences be revealed in order to obtain attorney’s fees after a successful anti-SLAPP motion?
After prevailing on an anti-SLAPP motion, counsel will file often file a separate motion for attorney's fees and costs. In order to obtain a recovery, counsel has the burden to substantiate the fees and costs. While invoices are not required, courts often prefer them (or other detailed time entries). One issue that comes up often is whether to redact attorney-client … [Read more...] about Must attorney-client confidences be revealed in order to obtain attorney’s fees after a successful anti-SLAPP motion?
Bauer SLAPPs Beckham With A Huge Motion For Attorney Fees
I know David Beckham's defeat at the hands of Bauer Publishing is somewhat old news. But no one seems to have commented specifically about the merits of the massive motion for attorney fees filed against Beckham. Just how much is Bauer seeking in attorneys' fees? More than $250,000 in fees and costs! Just for an anti-SLAPP motion! To give you a point of reference, I'd say that … [Read more...] about Bauer SLAPPs Beckham With A Huge Motion For Attorney Fees
Plaintiff’s Attorneys Are Not Liable For anti-SLAPP Fees
Until recently it was an open question whether an attorney could be held liable jointly and severally with his or her client for attorneys' fees pursuant to the anti-SLAPP statute. But the Second District Court of Appeal, located in Los Angeles, recently put this issue to bed. In Moore v. Kaufman, Justice Rothschild expounded an excellent analysis and concluded that the … [Read more...] about Plaintiff’s Attorneys Are Not Liable For anti-SLAPP Fees