Pinnacle International Development Inc vs Southwest Regional Council of Carpenters

Case No.: 37-2019-00018875-CU-NP-CTL    

Defendants' Motion for Attorney Fees and Costs Against Plaintiff as Prevailing Defendants in Anti-SLAPP Motion is GRANTED IN PART.

Code of Civil Procedure section 425.16(c)(1) provides the prevailing defendant on such motion "shall" be entitled to recover attorney's fees and costs. The fee-shifting provision is intended to discourage strategic lawsuits against public participation and encourage private representation in such case, "including situations where a SLAPP defendant is unable to afford fees or the lack of potential monetary damages precludes a standard contingency fee arrangement." (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131.)

Only reasonable fees may be awarded. (Ketchum at p.1132.) Case law makes clear the statute was intended to permit only recovery of fees and costs incurred on the motion itself, not on the entire suit. (Lafayette Morehouse, Inc. v. Chronicle Publishing Co. (1995) 39 Cal.App.4th 1379, 1383.) The trial court must determ........