Motion: by Defendant for Attorney Fees and Costs
Tentative Ruling:
To grant. To grant in the amount requested. (Code Civ. Proc. §425.16, subd. (c).) Plaintiff is ordered to pay $10,277.50 to the Yarra Law Group within 30 days of the clerk’s mailing of the minute order.
Explanation:
Generally, “[a] statute authorizing an attorney fee award at the trial court level includes appellate attorney fees unless the statute specifically provides otherwise.” (Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499.) Accordingly, “[s]ince [Code of Civil Procedure] section 425.16, subdivision (c) provides for an award of attorney fees and costs to a prevailing defendant on a special motion to strike, and does not preclude recovery of appellate attorney fees by a prevailing defendant-respondent, those fees are recoverable.” (Dove Audio, Inc. v. Rosenfield, Meyer & Susman (1996) 47 Cal.App.4th 777, 785; Lucky United Properties Investment, Inc. v. Lee (2010) 185 Cal.App.4th 125, 139 [“A party may also obtain
Hearing Date
October 19, 2020
Type
37 Unlimited - Other Contract
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Motion: by Defendant for Attorney Fees and Costs
Tentative Ruling:
To grant. To grant in the amount requested. (Code Civ. Proc. §425.16, subd. (c).) Plaintiff is ordered to pay $10,277.50 to the Yarra Law Group within 30 days of the clerk’s mailing of the minute order.
Explanation:
Generally, “[a] statute authorizing an attorney fee award at the trial court level includes appellate attorney fees unless the statute specifically provides otherwise.” (Evans v. Unkow (1995) 38 Cal.App.4th 1490, 1499.) Accordingly, “[s]ince [Code of Civil Procedure] section 425.16, subdivision (c) provides for an award of attorney fees and costs to a prevailing defendant on a special motion to strike, and does not preclude recovery of appellate attorney fees by a prevailing defendant-respondent, those fees are recoverable.” (Dove Audio, Inc. v. Rosenfield, Meyer & Susman (1996) 47 Cal.App.4th 777, 785; Lucky United Properties Investment, Inc. v. Lee (2010) 185 Cal.App.4th 125, 139 [“A party may also obtain