| Case | County / Judge | Motion | Ruling | Indexed | Hearing |
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Plaintiff, Humane Farming Associations’ Motion for Attorney’s Fees Pursuant to Code of Civil Procedure section 425.16(c)
Humane Farming Association v. Gonzalo Narez
Hearing date: April 24, 2026
MOTION: Plaintiff, Humane Farming Associations’ Motion for Attorney’s Fees Pursuant to Code of Civil Procedure section 425.16(c) Pursuant to Code of Civil Procedure section 425.16 (the anti-SLAPP statute) and applicable case law, Humane Farming Association (“Plaintiff”) requests an award of attorneys’ fees and costs in the total amount of $58,766.54 as the prevailing party in their anti-SLAPP motion. No Opposition has been received.
BACKGROUND: Plaintiff initiated litigation against Gonzalo Narez, (“Defendant”) for activities related to Defendant’s operation of illegal possession of roosters. Defendant filed a cross-complaint (“Cross Complaint”) for defamation; intentional interference with prospective economic advantage; abuse of process; malicious prosecution and violation of California Constitutional Rights. Motion, pg 2, lines 10-13. In response to Defendant’s Cross Complaint, Plaintiff’s attorneys were successful in their anti-SLAPP motion.
DISCUSSION: A judge must award attorney's fees and costs to a defendant that prevails on a special motion to strike. (Code Civ. Proc., § 425.16(c)(1); Wilson v Cable News Network, Inc. (2019) 7 CAL.5th 871, 884.) A cross-defendant that prevails on a special motion to strike the cross-complaint is entitled to a mandatory award of fees and costs. (Takhar v People ex rel Feather River Air Quality Mgmt. Dist. (2018) 27 Cal.App.5th 15, 35.)
The party seeking an award of fees has the burden of establishing entitlement to an award and of documenting the appropriate hours spent and the hourly rates. 569 E. County Blvd. LLC v Backcountry Against the Dump, Inc. (2016) 6 CA5th 426, 432; Lunada Biomedical v Nunez (2014) 230 CA4th 459, 486. A judge must compute the amount of any attorney fee award under the anti-SLAPP statute in accordance with the “lodestar” method. Under this method, the judge 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. Marshall v Webster (2020) 54 CA5th 275, 285; 569 E. County Blvd. LLC v Backcountry Against the Dump, Inc., supra, 6 CA5th at 432. Generally, the relevant community is the community where the court is located.
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Plaintiff seeks fees and costs of $41,168 associated with legal work performed on the anti-SLAPP motion; $16,668 for the current motion and $760.54 in costs for a total of $58,766.54. The attorneys hourly rates requested are $680 and $720. $200 per hour is requested for paralegal efforts. When applying the “lodgestar” analysis, the court finds the rates accorded for similar work in the Monterey community to be $450 per hour for experienced attorneys and $150 per hour for paralegals.
While understanding the complexity of the issues addressed in the anti-SLAPP motion, the court finds that a reduction in the number of hours expended is reasonable. On review of the hours expended, the court reduces those hours to 69.75 hours at the rates noted above. The result is a total of $24,975. As a result of there being no Opposition filed, the court reduces the time necessary for any anticipated hours to a total of 10 hours, an amount of $4500. Costs of $760.54 are granted. The Motion for Motion for Attorney’s Fees and costs Pursuant to Code of Civil Procedure section 425.16(c) in the amount of $30,235.54 is GRANTED.
NOTE RE: TENTATIVE RULING This tentative ruling becomes the court’s order, and no hearing shall be held unless one of the parties contests it by complying with Rule 3.1308 of the California Rules of Court and Monterey County Local Rule 7.9.
Those parties wishing to present an oral argument must notify all other parties and the Court no later than 4:00 p.m. on the court day before the hearing; otherwise, NO ORAL ARGUMENT WILL BE PERMITTED, AND THE TENTATIVE RULING WILL BECOME THE ORDER OF THE COURT AND THE HEARING VACATED. You must notify the court by emailing TentativeRulings@monterey.courts.ca.gov or by telephoning the Calendar Department at (831) 647-5800, extension 3040, before 4:00 p.m. on the court day before the hearing.