California, United States of America
The following excerpt is from Henschel v. State Bar Of Cal., B213595, No. BC379051 (Cal. App. 2010):
We review an award of attorney's fees with deference to the determinations made by the trial judge before whom the case was litigated; "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.'" (Serrano v. Priest (1977) 20 Cal.3d 25, 49.)
In an application after a successful section 425.16 motion, the successful defendant is entitled to recover attorney's fees and costs. ( 425.16, subd. (c)(1).) In exercising its discretion to determine the appropriate award, the trial court must base its analysis on the lodestar amount that is the number of hours expended multiplied by the reasonable hourly rate and adjust that number according to the circumstances of the case. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1136 [appropriate to use lodestar in 425.16 motion].) In determining the reasonable hourly rate, the court looks to the market rate: the "hourly amount to which attorneys of like skill in the area would typically be
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