Homeport Insurance v. Weltin CA1/4

DISCUSSION

Governing Law and Standard of Review The anti-SLAPP statute provides for an award of attorney fees and costs to the prevailing defendant on a special motion to strike. (§ 425.16, subd. (c).) The defendant may recover fees and costs only for the motion to strike, not the entire litigation. (S.B. Beach Properties v. Berti (2006) 39 Cal.4th 374, 381.) The defendant may claim fees and costs either as part of the anti-SLAPP motion itself or through the filing of a subsequent motion or cost memorandum. (American Humane Assn. v. Los Angeles Times Communications (2001) 92 Cal.App.4th 1095, 1097.) Because the Legislature specified the prevailing defendant “shall be entitled to recover that defendant’s attorney’s fees and costs” (§ 425.16, subd. (c)(1)), an award is usually mandatory, although the amount of the award is vested in the sound discretion of the trial court. (Ketchum v. Moses (2001) 24 Cal.4th 1122, 1131–1132.) As the moving party, the prevailing defendant seeking fees and costs “ ‘bear[s] the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates.’ ” (ComputerXpress, Inc. v. Jackson (2001) 93 Cal.App.4th 993,…