What is the test for making an anti-SLAPP award?

California, United States of America


The following excerpt is from Duringer Law Grp. v. MacMillan, G046637 (Cal. App. 2013):

DLG first complains the court failed to adequately articulate its methodology for making the award. "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. [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.]' [Citation.]" (Cabral v. Martins (2009) 177 Cal.App.4th 471, 491.) "In awarding fees the trial court is not constrained by the amount sought by the successful moving parties [citation], but is obligated to award 'reasonable attorney fees under section 425.16 [that] adequately compensate [] them for the expense of responding to a baseless lawsuit.'

Page 37

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