What is the test for attorney fees under the anti-SLAPP statute?

California, United States of America


The following excerpt is from 569 E. Cnty. Boulevard LLC v. Backcountry Against the Dump, Inc., 203 Cal.Rptr.3d 324, 248 Cal.App.4th 125 (Cal. App. 2016):

Section 425.16, subdivision (c), provides that a prevailing defendant on a special motion to strike shall be entitled to recover his or her attorney's fees and costs. It is well established that [t]he amount of an attorney fee award under the anti-SLAPP statute is computed by the trial court in accordance with the familiar lodestar method. [Citation.] 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. [Citations.] (Cabral v. Martins (2009) 177 Cal.App.4th 471, 491, 99 Cal.Rptr.3d 394 (Cabral ).)

[248 Cal.App.4th 131]

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