Kalid Sanchez vs Los Banos Enterprise, et al.

25CV-06400 Kalid Sanchez vs Los Banos Enterprise, et al.

Motion for Attorney's Fees Under Code of Civil Procedure 425.16, subdivision (c)

Defendant’s motion for attorney’s fees is GRANTED.

Attorney’s fees are awarded in the amount of $6,278.00.

The amount of attorney's fees awarded is a matter within the court's discretion. (Clayton Development Co. v. Falvey (1988) 206 Cal.App.3d 438, 447.) "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." (Cabral v. Martins (2009) 177 Cal.App.4th 471, 491 [citing Ketchum v. Moses (2001) 24 Cal.4th 1122, 1135-1136.) "Under that method, the court 'tabulates the attorney fee touchstone, or lodestar, by multiplying the number of hours reasonably expensed by the reasonable hours rate prevailing in the community of similar work." (Ibid.)

Counsel for Defendant seeks to set the lodestar at $7,028, inclusive of $1,875 for preparation of the instant motion and to attend the hearing on this motion. While the rates are reasonable, the hours billed for preparing the reply and appearing at the hearing are excessive as there was no opposition filed. Accordingly, following a careful review of the entries submitted the court finds it reasonable to reduce the hours billed and subtract two (2) hours from the time to prepare a reply and appear at the hearing.

With the adjustment to the hours billed and removal of the two (2) hours the Court determines were unnecessary, the lodestar is set at $6,278. Accordingly, attorney fees are awarded in the amount of $6,278.

The Court notes that Plaintiff filed a notice of automatic stay of proceedings and asserts that pursuant to Code of Civil Procedure section 916, subdivision (a), this matter is stayed, including this hearing scheduled for May 14, 2026. Plaintiff’s assertion regarding Defendant’s motion for attorney’s fees and the corresponding hearing is incorrect.

This court retains jurisdiction to hear and decide a motion for attorney's fees under Code of Civil Procedure section 425.16, subdivision (c) even while an anti-SLAPP appeal is pending. (See Robertson v. Rodriguez (1995) 36 Cal.App.4th 347, 360 [“The trial court properly concluded it had jurisdiction to proceed because the trial court ‘retains jurisdiction to entertain a motion for attorney fees despite an appeal[.]’ ”].)

Further, an award of attorney's fees under Code of Civil Procedure section 425.16, subdivision (c) is a money judgment subject to section 917.1, not a judgment "solely for costs" that would be automatically stayed. (See Dowling v. Zimmerman (2001) 85 Cal.App.4th 1400, 1431–1432, [“In light of the foregoing labyrinth of statutory authority, and applying the canons of statutory interpretation already discussed, we interpret section 917.1(d) as requiring an appeal bond or undertaking to stay enforcement of a judgment for reasonable attorney fees and costs awarded to a prevailing SLAPP defendant under subdivision (c) of section 425.16.”].)

Attorney fees are to be paid within thirty (30) days of this court’s order.