YAGMAN v. Michael J. Colello, Defendant-Appellant. (2018)

United States Court of Appeals, Ninth Circuit.

Stephen YAGMAN, Plaintiff-Appellee, v. Joseph Curtis EDMONDSON, Defendant, Michael J. Colello, Defendant-Appellant.

No. 17-55384

Decided: May 18, 2018

Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.

Stephen Yagman, Pro Se Joseph Curtis Edmondson, Attorney, Law Office of J. Curtis Edmondson, Hillsboro, OR, for Defendant-Appellant

MEMORANDUM **

Michael J. Colello appeals from the district court's order denying his motion for attorney's fees. We have jurisdiction under 28 U.S.C. § 1291. We review for an abuse of discretion. Graham–Sult v. Clainos, 756 F.3d 724, 751 (9th Cir. 2014). We affirm.

The district court did not abuse its discretion by denying Colello's motion for attorney's fees under Cal. Civ. Proc. Code § 425.16(c) because Colello failed to establish adequately the hours reasonably spent preparing the anti-SLAPP motion and a reasonable hourly rate for private attorneys in the community. See Ketchum v. Moses, 24 Cal.4th 1122, 104 Cal.Rptr.2d 377, 17 P.3d 735, 745 (2001) (“A fee request that appears unreasonably inflated is a special circumstance permitting the trial court to reduce the award or deny one altogether.” (citation and internal quotation marks omitted) ).

AFFIRMED.

Was this helpful?

Why was this helpful?

Easy to understand

Solved my problem

Other

Why was this not helpful?

Missing the information I need

Too complicated / too many steps

Out of date

Other

Thank you for your feedback!

Welcome to FindLaw's Cases & Codes

A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes visit FindLaw's Learn About the Law.

Go To Learn About The Law