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Third Amended Notice Of Motion For Attorney'S Fees And Costs Under Code Of Civil Procedure Section 425.16
Matter on the Law & Motion/Discovery Calendar for Monday, June 09, 2025, line 3, PLAINTIFF WUWTA, INC, A CALIFORNIA CORPORATION'S Motion For Attorney'S Fees And Costs Under Code Of Civil Procedure Section 425.16
Defendants Dr. Mehdi Matin and M. Matin Surgical and Dental Group, Inc. succeeded in part on a special motion to strike Plaintiff WUWTA, Inc.'s complaint pursuant to CCP 425.16. They now seek fees and costs in the amount of $46,772.10. The court grants this unopposed motion.
An award of fees and costs is mandatory to a prevailing defendant on an anti-SLAPP motion. (CCP 425.16 (c)(1).) "[A] defendant who brings a successful special motion to strike is entitled . . . to reasonable attorney fees . . . ." (Cabral v. Martins (2009) 177 Cal.App.4th 471, 491.) "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." (Id. [quotation marks and citations omitted].)
The court has reviewed the billing records and requested rates provided in the motion. Both hours billed and hourly rates are reasonable and supported in the moving papers. The court therefore awards fees of $46,772.10 to these defendants.
For the 9:00 a.m. calendar, all attorneys and parties may appear in Department 301 remotely or in person. Remote hearings will be conducted by videoconference using Zoom. (Dept. 301 Zoom ID 161 502 4290; Passcode 700956.) To appear remotely at the hearing, go to the court's website at sfsuperiorcourt.org under "Online Services," navigate to "Tentative Rulings," and click on the appropriate link, or dial the corresponding phone number.
Any party who contests a tentative ruling must send an email to contestdept301tr@sftc.org with a copy to all other parties by 4pm stating, without argument, the portion(s) of the tentative ruling that the party contests. The subject line of the email shall include the line number, case name and case number. The text of the email shall include the name and contact information, including email address, of the attorney or party who will appear at the hearing.
Counsel for the prevailing party is required to prepare a proposed order which repeats verbatim the substantive portion of the tentative ruling and must email it to contestdept301tr@sftc.org prior to the hearing even if the tentative ruling is not contested.
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