How is an award under the anti-SLAPP statute calculated?

California, United States of America


The following excerpt is from Shames v. Peffer, D065737 (Cal. App. 2015):

"The amount of an attorney fee award under the anti-SLAPP statute is computed by the trial court in accordance with the familiar 'lodestar' method. . . . Under that method, the court 'tabulates the attorney fee touchstone, or lodestar, by multiplying the number of hours reasonably expended by the reasonable hourly rate prevailing in the community for similar work.' " (Cabral v. Martins (2009) 177 Cal.App.4th 471, 491, citation omitted.) " ' "The 'experienced trial judge is the best judge of the value of professional services rendered in his court, and while his judgment is of course subject to review, it will not be disturbed unless the appellate court is convinced that it is clearly wrong' ["] meaning that it abused its discretion.' " (Ibid.) "This rule applies in the context of fee awards under the anti-SLAPP statutes just as it does in the context of similar statutory fee-shifting provisions." (Ibid.)

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