Case Number: BC654017 Hearing Date: March 07, 2018 Dept: 74

MAHIM KHAN,

Plaintiff,

vs.

HOLOGRAM USA, INC., ET AL.,

Defendants

Case No.: BC654017

[TENTATIVE] ORDER GRANTING CROSS-DEFENDANTS’ MOTION FOR ATTORNEY FEES, IN PART

TENTATIVE RULING: Cross-defendants Alexander Krakow + Glick, LLP and Tracy L. Fehr’s motion for attorney fees is GRANTED IN PART. Cross-defendants Alexander Krakow + Glick, LLP and Tracy L. Fehr are awarded attorney fees against cross-complainant David of $19,628.

Background

The complaint alleges Plaintiff began working for Defendants as a production assistant in October 2014. Her job required her at times to work directly with defendant David Alkiviades. Beginning in December 2014 David would touch her, mimic sexual acts with her and make offensive comments, including doing these actions in front of third parties. Plaintiff also witnessed David sexually harassing other female employees. In September 2015 David called Plaintiff into her office and verbally assaulted her for helping another woman with a claim of sexual harassment. Plaintiff was terrified for her safety. She constructively terminated her employment within days. The complaint alleges causes of action in: (1) sexual harassment; (2) violation of the Ralph Act; (3) constructive termination; (4) sexual battery; (5) battery; and (6) wrongful termination in violation of public policy.

Alkiviades David’s cross-complaint alleges Plaintiff and her attorneys attempted to extort $1.9 million by threatening to file civil and criminal proceedings against David based on false claims of sexual harassment and battery. Plaintiff and her attorneys knew the claims were all false. The attorneys reduced the threats to writing in a settlement agreement, which cross-defendants signed. The cross-complaint alleges causes of action in: (1) civil extortion and (2) intentional infliction of emotional distress.

Cross-defendants Alexander Krakor + Glick LLP and Tracy L. Fehr move for a mandatory award of attorney fees and costs under Code of Civil Procedure section 425.16 of $33,178.90.

Motion for Attorney Fees and Costs

A prevailing defendant as to a special motion to strike is entitled to mandatory, reasonable attorney fees and costs. (Code Civ. Proc., § 425.16, subd. (c), Ketchum v. Moses (2001) 24 Cal.4th 1122, 1141-1142.)

David does not dispute the entitlement to fees, but does dispute the amount. He argues the amount of fees awarded should be reduced from that requested because the motion was almost identical to a motion filed in another matter, Taylor v. Alkiviades, BC649025. The Court has reviewed the special motion to strike filed in the Taylor matter and finds it is not identical. The attorney fees award in Taylor has no relevance to the attorney fees here.

David also objects to the hourly rate of attorney Moghaddam. David argues that the Laffey Matrix does not does not set attorney fees in Los Angeles and argued a reasonable rate for an associate attorney of her experience is $250. However, he provides no evidence in support of that rate. The Court finds the requested $339 per hour reasonable.

Recovery of fees is limited to those fees expended in the filing of the successful anti-SLAPP motion. (Lafayette Morehouse, Inc. v. Chronicle Publishing Co., Inc. (1995) 39 Cal. App. 4th 1379, 1383-1384.) The Court has reviewed the billing records submitted by Cross-Defendants. A reasonable fee for the special motion to strike and this motion is $19,628. This includes time for a reply brief and appearance at the hearing. The filing fees for the motions were not requested. The motion is denied as to costs.