Case Name: Sergev Firsov vs. Yevgeniy Babichev, et al

Case No.: 19CV345499

Before the Court is Defendant Ekaterina Berman’s Motion for Attorney Fees.

In view of Defendant Berman’s successful motion to strike pursuant to Code of Civil Procedure (“CCP”) §425.16 (anti-SLAPP motion), she is seeking recovery of attorney’s fees in the amount of $32,620.00, calculated at $700.00 an hour, for a total of 46.6 hours including 6 hours in “anticipated work on Reply and Hearing”). The Court, however, does not award sanctions for anticipated expenses. (See Tucker v. Pacific Bell Mobile Services (2010) 186 Cal.App.4th 1548, 1551 [in the context of awarding sanctions, the court awards sanctions only for expenses actually incurred, not for anticipated expenses].)

Defendant Berman also requested $745.63 in court costs.

The “prevailing defendant” on the motion to strike “shall be entitled” to recover his or her attorney fees and costs. (CCP §425.16(c).) (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [“[A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees”].) However, a prevailing defendant may recover attorney fees and costs only on the anti-SLAPP motion, not the entire suit. (Platypus Wear, Inc. v. Goldberg (2008) 166 Cal.App.4th 772.)

Accordingly, Defendant Berman’s motion for attorney fees is granted. The court has determined that the reasonable hourly rate for Attorney James M. Wagstaff is $500.00, and the number of hours reasonably expended on the anti-SLAPP motion is 20 hours, for a total award of $10,000.00. The court also makes an award of court costs attributable to Defendant Berman in the amount of $555.00.
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Case Name: Sergev Firsov vs. Yevgeniy Babichev, et al

Case No.: 19CV345499

Before the Court is Defendant Yevgenity Babichev’s Motion for Attorney Fees.

In view of Defendant Babichev’s successful motion to strike pursuant to Code of Civil Procedure (“CCP”) §425.16 (anti-SLAPP motion), she is seeking recovery of attorney’s fees in the amount of $24,150.00, calculated at $500.00 an hour for a total of 48.3 hours (including 6 hours in “anticipated work on reply and hearing” on the motion for attorney’s fees). The Court, however, does not award sanctions for anticipated expenses. (See Tucker v. Pacific Bell Mobile Services (2010) 186 Cal.App.4th 1548, 1551 [in the context of awarding sanctions, the court awards sanctions only for expenses actually incurred, not for anticipated expenses].)

The “prevailing defendant” on the motion to strike “shall be entitled” to recover his or her attorney fees and costs. (CCP §425.16(c).) (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131 [“[A]ny SLAPP defendant who brings a successful motion to strike is entitled to mandatory attorney fees”].) However, a prevailing defendant may recover attorney fees and costs only on the anti-SLAPP motion, not the entire suit. (Platypus Wear, Inc. v. Goldberg (2008) 166 Cal.App.4th 772.)

Accordingly, Defendant Babichev’s motion for attorney’s fees is granted. The court has determined that the reasonable hourly rate for Attorney Andrei Romanenko is $350.00, and the number of hours reasonably expended on the anti-SLAPP motion is 15 hours, for a total award of $5,250.00.

Defendant Babichev’s objections to the declaration of Plaintiff Sergey Firsov is sustained as to No.s. 1 and 3.

The remainder of Defendant Babichev’s objections to the declaration of Plaintiff Sergey Firsov is overruled. The court consider the remainder of Plaintiff’s declaration as arguments.