In Ketchum, our State Supreme Court reiterated that fee awards should be fully compensatory. Ketchum, 24 Cal.4th at 1133. The unadorned lodestar is computed by multiplying the number of hours reasonably spent by the prevailing hourly rate for private “attorneys in the community conducting ‘noncontingent’ litigation of the same type.” Id. “We remarked that the reasonable … [Read more...] about What is a contingent fee multiplier in the context of an anti-SLAPP fee motion?
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Is the reasonably hourly rate capped to what was paid by an insurer for purposes of determining the lodestar?
Losing plaintiffs often argue after an anti-SLAPP shellacking that a defendant is limited to what an insurance company paid defense counsel. Typically, those rates are "insurance rates," and are thus way below market rates. But this is wrong. Courts have consistently declined to cap the reasonable hourly rate to what was paid by an insurer. In Pasternack v. McCullough … [Read more...] about Is the reasonably hourly rate capped to what was paid by an insurer for purposes of determining the lodestar?
Are anti-SLAPP fees recoverable in federal court?
The short answer is, yes. The attorney's fee provision under subdivision (c) of the anti-SLAPP statute is applicable in federal court in diversity cases. The reason it applies is because it is deemed "substantive" for purposes of the Erie doctrine, and thus it does not directly collide with procedural rules, e.g., FRCP rules 56, 12, or 8. Newsham v. Lockheed MIssiles Space Co. … [Read more...] about Are anti-SLAPP fees recoverable in federal court?
Clarity Co. Consulting, LLC v. Gabriel: Second District Court of Appeal Imposes Sanctions for Taking Frivolous Appeal
This case is a cautionary tale for attorneys. Plaintiff Clarity Co. Consulting LLC, a consulting company, alleged causes of action for breach of contract and other related claims against defendant ONclick, a health care start up company (and other individuals associated with the company) arising out of a failure to pay for services. ONclick's general counsel acting in his … [Read more...] about Clarity Co. Consulting, LLC v. Gabriel: Second District Court of Appeal Imposes Sanctions for Taking Frivolous Appeal
Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages
In a recent unpublished decision, Cavuoto v. Rainford, plaintiffs learned the hard way why it is important to include sufficient allegations to support a defamation claim. There, plaintiffs alleged several claims, including one for defamation. The court granted two demurrers with leave to amend, and then granted defendant's demurrer as to the second amended complaint with … [Read more...] about Don’t Forget to Allege Causation Between the Defamatory Statements and the Claimed Damages