California SLAPP Law

I grow so weary.

Every time I submit a motion for attorney fees following a successful anti-SLAPP motion, I am met with at least one of the following arguments, that ten minutes of research would reveal are nonsense. I am convinced that most of the attorneys know what they are saying is wrong, but with no ability to make a viable argument against the fees, they elect to make all the usual crazy arguments in the hope they can slip one or more past the judge.

Here are the top 6 bad arguments attorneys make in opposition to my motions for attorney fees.

1. He didn’t provide his invoices.

I have never attached my invoices to a fee motion. The law is exceedingly clear that an attorney need only attest to the time he spent on the matter. The declaration is under penalty of perjury, and that is sufficient to establish the time. Margolin v. Regional Planning Comm. (1982) 134 Cal.App.3d 999, 1007. Read the rest of this entry »