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Old 04-29-2021, 04:50 PM   #12776
Wilbury Twist
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Re: Mike Postle cheating allegations (FAQ in first post)

Quote:
Originally Posted by ejames209 View Post
yea online sites do that all the time. GG for example
GG bans people for bumhunting. So maybe other rooms will ban Postle for crotchhunting.
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Old 04-29-2021, 06:21 PM   #12777
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Re: Mike Postle cheating allegations (FAQ in first post)

Brill asking for $69K in legal fees in anti-SLAPP motion


article
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Old 04-29-2021, 10:21 PM   #12778
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Re: Mike Postle cheating allegations (FAQ in first post)

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Originally Posted by kerr View Post
is Postle banned from paying poker anywhere in California?
If the damage to his reputation is sufficient, and if reputation damage impinges his ability to play poker for money, then that'll be a question for a jury.
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Old 04-29-2021, 11:11 PM   #12779
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Re: Mike Postle cheating allegations (FAQ in first post)

Wow 70k to defend and his lawsuit probably won’t continue
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Old 05-12-2021, 05:51 PM   #12780
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Re: Mike Postle cheating allegations (FAQ in first post)

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Old 05-12-2021, 06:09 PM   #12781
Wilbury Twist
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Re: Mike Postle cheating allegations (FAQ in first post)

I so badly want to comment on Postle's collar, but I don't even know where to begin.
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Old 05-12-2021, 06:13 PM   #12782
Outoftime44444
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Re: Mike Postle cheating allegations (FAQ in first post)

The tentative ruling the oral arguments were about:

Item 14 2020-00286265-CU-DF
Michael Postle vs. Veronica Brill
Nature of Proceeding:
Filed By:
Motion for Attorney Fees

Bensamochan, Eric

Defendant Witteles' Motion for Attorneys Fees incurred in connection with defending
the SLAPP suit and filing the anti-SLAPP motion is unopposed and is ruled on as
follows.

Plaintiff's claims in this action for defamation and libel against moving party arose from
a few phrases contained in a single post by defendant on a website on the issue of
plaintiff's alleged cheating at on line poker games. Defendant has established that
Internet post and the phrases therein were not only fully protected by the First
Amendment, but also concerned matters of public interest, including "consumer
information affecting a large number of persons." Carver v. Bonds (2005) 135 Cal.
App. 4th 328, 492-93(issues pertaining to consumer protection are matters of "public
interest.") Therefore, the allegations fall squarely within the definition of a SLAPP suit.
Defendant seeks $43,314.50 for attorney's fees and costs associated with defending
the SLAPP lawsuit file by plaintiff.

Plaintiff voluntarily dismissed his case on April 1, 2021, before the hearing on the antiSLAPP motion. On April 20, 2021, the court dropped the anti-SLAPP motion, without
prejudice to defendant filing a motion for attorneys fees incurred in defending this
SLAPP suit, pursuant to CCP 425.16(c) .

Where the plaintiff voluntarily dismisses an alleged strategic lawsuit against public
participation suit while a special motion to strike is pending, the trial court has
discretion to determine whether the defendant is the prevailing party for purposes of
attorney's fees under Cal. Civ. Proc. Code § 425.16(c). The voluntary dismissal of a
complaint before the hearing on an anti-SLAPP motion creates a presumption that the
defendant is the prevailing party on the anti-SLAPP motion. The defendant need not
obtain a ruling from the court on the motion to strike in order to prevail for purposes of
attorney's fees. Coletrain v Shewalter (1998) 66 Cal.App.4th 94,106-107.) The Court
finds that defendant is the prevailing party in this action and is therefore entitled to
attorneys fees pursuant to CCP 425.16(c). Plaintiff has filed no opposition to dispel
the presumption that defendant is the prevailing party.

The anti-SLAPP statute provides: "In any action subject to subdivision (b), a prevailing
defendant on a special motion to strike shall be entitled to recover his or her attorney's
fees and costs.' Code Civ. Proc. § 425.16(c)(emphasis added) An award of attorney's
fees to a prevailing defendant is mandatory. 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."); Paulus v. Bob Lynch Ford. Inc (2006) 139 Cal.
App. 4th 659, 685. Defendant is entitled to recover attorney's fees and costs he
reasonably incurred in extricating himself from this action. Wilkerson v. Sullivan (2002)
99 Cal. App.4th 443,446, (The statute is broadly construed so as to effectuate the
legislative purpose of reimbursing the prevailing defendant for expenses incurred in
extricating herself from a baseless lawsuit.)

Under California law, in determining the amount of reasonable attorney fees to be
awarded under a statutory attorney fees provision, the court begins by calculating the
"lodestar" amount. (Bernardi v. County of Monterey (2008) 167 Cal.App.4th 1379,
1393; Cruz v.Ayromloo (2007) 155 Cal.App.4th 1270.)) The "lodestar" is "the number
of hours reasonably expended multiplied by the reasonable hourly rate." (Bernardi,
supra, 167 Cal.App.4th 1379,1393; Graciano v. Robinson Ford Sales, Inc. (2006) 144
Cal.App.4th 140, 154.) To determine the reasonable hourly rate, the court looks to the
"hourly rate prevailing in the community for similar work." (Bernardi, supra. 167
Cal.App.4th at 1394.) The California Supreme Court has further instructed that
attorney fee awards "should be fully compensatory." Id., citing Ketchum v. Moses
(2001) 24 Cal. 4th 1122, 1133. Thus, an attorney fee award should ordinarily include
compensation for all of the hours reasonably spent, including those relating solely to
the fee. Bernardi, supra, 167 Cal.App.4th 1379 at 1394. This lodestar fee may then be
adjusted to account for "(1) the novelty and difficulty of the questions involved, (2) the
skill displayed in presenting them, (3) the extent to which the nature of the litigation
precluded other employment by the attorneys, (4) the contingent nature of the fee
award." Id.

Fee award amounts are matters within the trial court’s discretion: the “trial judge is the
best judge of the value of professional services rendered in h[er] court, and while h[er]
judgment is of course subject to review, it will not be disturbed unless the appellate
court is convinced that it is clearly wrong.” (Ketchum v. Moses, supra, at p. 1132;
accord PLCM Group v Drexler, (2000) 22 Cal.4th 1084, 1096.) The Court will reduce
the hours it determines were excessive or not supported. (Levy v. Toyota Motor Sales,
U.S.A., Inc. (1992) 4 Cal.App.4th 807, 816 (party seeking attorney fees has the
"burden of showing that the fees incurred were 'allowable,' were 'reasonably necessary
to the conduct of the litigation,' and were 'reasonable in amount'). Christian Research
Institute v. Ahor (2008) 165 Cal.App.4th 1315, 1326-1329.

The billing records that support this motion are attached as Exhibit B to the Declaration
of Eric Bensamochan, the attorney who represented defendant in defending this
SLAPP action. The billing records show a billing rate of $695 per hour. The amount
of time spent researching the anti-SLAPP motion and drafting the motion, alone, is
approximately 43 hours, which the court finds excessive and unnecessary given the
nature and complexity of the allegations of the FAC and the anti-slapp motion itself.
The Court further finds that billing one half hour to reserve the hearing date (an
administrative function) a rate of $695/hr is clearly unreasonable.

The Court is limiting the fees for the research and drafting of the anti-slapp motion to
20 hours at the $695 rate. Therefore, the Court is subtracting 23.5 hours of time
(excessive hours for drafting and research (23 hours) plus .5 hour for reserving the
hearing date) which equals $16,332.50. Thus, instead of the requested fees in the
amount of $42,879.50, the court is awarding reasonable attorneys fees incurred in
defending this SLAPP suit in the amount of $26,547.00,plus costs in the requested
amount of $435 for a total award of fees and costs of $26,982.


The minute order is effective immediately. No formal order pursuant to CRC Rule
3.1312 or further notice is required.
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Old 05-12-2021, 06:28 PM   #12783
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Re: Mike Postle cheating allegations (FAQ in first post)

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Originally Posted by parisron View Post
Oh god he is lying so badly and bullshitting so badly, it is so obvious. Just nonsense....

Dont even need to go into his horrible use of law.....
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Old 05-12-2021, 06:36 PM   #12784
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Re: Mike Postle cheating allegations (FAQ in first post)

Wow, seems like a clear case of the system working against the little guy. Dude is defamed, has his name drug through the mud, is harassed, receives death threats (to him and his daughter), can't even work anymore, and yet he has to pay attorney fees to the people that allegedly caused this?

Also bad luck with attorneys having to bow out due to heart attacks and family member deaths. Defendants seem to have a horseshoe hidden up their rear ends.
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Old 05-12-2021, 06:43 PM   #12785
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Re: Mike Postle cheating allegations (FAQ in first post)

Love his defense that he just filed a lawsuit but didn't mean to sue anyone.

Also he seems to confuse the case that Stones settled for nuisance value to be a "victory" for him clearing his name when really it was..... a business making a business decision for nuisance value.

Seriously though, some plaintiff's lawyer should get on this chronic outbreak of heart attacks involving anyone associated with Mike Postle. That could be a gold mine.

Veronica, Boski, Marle, etc should consider themselves lucky they still have their health.
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Old 05-12-2021, 06:50 PM   #12786
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Re: Mike Postle cheating allegations (FAQ in first post)

Quote:
Originally Posted by Outoftime44444 (by way of the Graciano case) View Post
The "lodestar" is "the number of hours reasonably expended multiplied by the reasonable hourly rate." (Bernardi, supra, 167 Cal.App.4th 1379,1393; Graciano v. Robinson Ford Sales, Inc. (2006) 144 Cal.App.4th 140, 154.)
To our lawyer friends among us, how is the bolded quantity determined? Is it simply one of those things for which you develop a pretty good nose by working in the industry?

For example, I'm essentially a writer by trade. If I read a 3,000-word magazine feature and the author told me it took him 30 minutes to write, I'd say no way no how. (Most people can't type that fast, let alone compose an original piece from scratch.) On the other hand, if he said the piece took 90 work-hours spread across several weeks to write, I'd assume he used a block of wood and a dremel for at least one draft.

But if he said he spent a full day researching, an hour or two on the phone to interview four subjects, half a day hammering it all out on his computer, then another hour after breakfast the next day to tidy up the article before shipping it to his editor, I'd know from my own experience that all of those are very much in the ballpark. Doubling each of those numbers wouldn't be out of the ordinary, either, nor would cutting them in half.

Thus, when it comes to determining "reasonable hours," is it just a figure that is unlikely to trigger an experienced attorney's B.S.-o-meter?
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Old 05-12-2021, 06:55 PM   #12787
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Re: Mike Postle cheating allegations (FAQ in first post)

Quote:
Originally Posted by Wilbury Twist View Post
To our lawyer friends among us, how is the bolded quantity determined? Is it simply one of those things for which you develop a pretty good nose by working in the industry?

For example, I'm essentially a writer by trade. If I read a 3,000-word magazine feature and the author told me it took him 30 minutes to write, I'd say no way no how. (Most people can't type that fast, let alone compose an original piece from scratch.) On the other hand, if he said the piece took 90 work-hours spread across several weeks to write, I'd assume he used a block of wood and a dremel for at least one draft.

But if he said he spent a full day researching, an hour or two on the phone to interview four subjects, half a day hammering it all out on his computer, then another hour after breakfast the next day to tidy up the article before shipping it to his editor, I'd know from my own experience that all of those are very much in the ballpark. Doubling each of those numbers wouldn't be out of the ordinary, either, nor would cutting them in half.

Thus, when it comes to determining "reasonable hours," is it just a figure that is unlikely to trigger an experienced attorney's B.S.-o-meter?
Yes, basically.

For example, you can see it in this decision. "(excessive hours for drafting and research (23 hours) plus .5 hour for reserving the hearing date) "

Half a hour for reserving hearing date, that is a telephone call by a support staff. It should be .1 hours or even 0 because clerical work. They wanted .5 (half a hour).

But also you have to assume the judge is going to cut your hours so have to ask for more than you actually worked.

23 hours for research is excessive. You can go on westlaw and download tons of anti-slapp motions and copy and paste your facts. You don't need to reinvent the law.. Heck, we discussed the anti slapp and defamation standard of public person in this thread. Its not rocket science to research the law. Its clear cut.

It is a Motion to Strike and 50k in legal fees for one motion. Imagine if that is how much lawsuits really cost..... lets say average lawsuit has 4 or 5 motions, that would be like $250k just in motion work to defend an average lawsuit when an average lawsuit costs $250k to defend through trial.

I guess its just like medical industry in which they send bill for $800 but really the insurance company or medicare pay $300.

$26k is still high, but also the law shifts the attorney fees because it is trying to discourage you from bringing a lawsuit against the Constitution of the United States and of California..... here this law is really a deterrent because filing lawsuits to stop speech would become a major public policy detriment.... Its not just lawsuit because one finite injury, its a lawsuit against newspapers to stop spreading news.

In the end, reasonable legal fees will just be the judge's opinion on what is reasonable.

In my opinion, the hourly rate is higher than what would be paid by a real client, but that is typical of cases like these. I think $20k would have been fair.
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Old 05-12-2021, 07:02 PM   #12788
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Re: Mike Postle cheating allegations (FAQ in first post)

Now ever since I can remember I been poppin' my collar
Poppin', poppin' my collar, poppin', poppin' my collar
Every since I can remember I been working these hoes
And they better put my money in my hand♫
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Old 05-12-2021, 07:45 PM   #12789
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Re: Mike Postle cheating allegations (FAQ in first post)

This judge is so patient with Postle. In her spot, I would have interrupted Postle several times to tell him that this is not a hearing to relitigate the underlying claims which he voluntarily dismissed.
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Old 05-12-2021, 08:11 PM   #12790
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Re: Mike Postle cheating allegations (FAQ in first post)

judge is biased, should have recused.

postle dressed way to casual for court.

When did Hevad Khan get law degree?

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Old 05-12-2021, 08:35 PM   #12791
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Re: Mike Postle cheating allegations (FAQ in first post)

If anyone wanted some Postle schadenfreude, just watch that video. That dude showed up to a gun fight with a spoon. Oof. I almost felt bad for him, but then remembered he stole $250k from players.

Is he completely busto at this point? He blamed family issues but I assume he is too broke to hire a lawyer. And now he has to pay $27k in lawyer fees to the guy he tried to sue.
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Old 05-12-2021, 08:50 PM   #12792
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Re: Mike Postle cheating allegations (FAQ in first post)

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Originally Posted by Superfluous Man View Post
This judge is so patient with Postle. In her spot, I would have interrupted Postle several times to tell him that this is not a hearing to relitigate the underlying claims which he voluntarily dismissed.
Pro per treatment. The Judge knows he's about to get the hammer, so gives him his 20 minutes lol.

She handled it well, stuck to the issues, and pretended to write down his bullshit lies lol.
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Old 05-12-2021, 08:55 PM   #12793
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Re: Mike Postle cheating allegations (FAQ in first post)

Quote:
Originally Posted by synth_floyd View Post
If anyone wanted some Postle schadenfreude, just watch that video. That dude showed up to a gun fight with a spoon. Oof. I almost felt bad for him, but then remembered he stole $250k from players.

Is he completely busto at this point? He blamed family issues but I assume he is too broke to hire a lawyer. And now he has to pay $27k in lawyer fees to the guy he tried to sue.
Hi synth_floyd:

An interesting side issue for me is that when we had our Dutch Boyd lawsuit many of the posters on the Witteles forum were quick to point out that we would never collect a penny. Fortunately, we were able to collect.

Now I wonder if the shoe is on the other foot. In his testimony, assuming I'm remembering it correctly, Postle said that he's unable to work because of all the negative statements made about him. If that's the case, it seems to me that it'll be extremely difficult for anyone to collect anything from him.

Perhaps some of the attorneys in this thread could comment.

Best wishes,
Mason
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Old 05-12-2021, 09:26 PM   #12794
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Re: Mike Postle cheating allegations (FAQ in first post)

I call BS on the can't work claim. There is a severe labor shortage right now and if someone can't get a job then they aren't trying, not even a little bit. Home Depot, Chipoltle, car dealership, Star Bucks, etc. don't give half a crap about your reputation in the poker realm.
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Old 05-12-2021, 09:41 PM   #12795
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Re: Mike Postle cheating allegations (FAQ in first post)

Lawyer asked for $42,879.50 in fees

Judge awarded $26,547 in fees


a. What happens to the other $16,332.50 ? Cancelled? Client has to pay?


b. Who owns the debt, ie who has to try to collect from Postle? Lawyer or client?


c. If client, does that mean that the client has to pay the lawyer now?


d. My understanding of anti-SLAPP, the fees awarded only cover the work on the motion. Any other work performed by the lawyer on the case is not covered. May the client be on the hook for that work? Usually forgiven?
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Old 05-12-2021, 09:42 PM   #12796
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Re: Mike Postle cheating allegations (FAQ in first post)

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I call BS on the can't work claim. There is a severe labor shortage right now and if someone can't get a job then they aren't trying, not even a little bit. Home Depot, Chipoltle, car dealership, Star Bucks, etc. don't give half a crap about your reputation in the poker realm.
Wtf are you going on about? He's a professional poker player and has been unable to work due to the harassment.
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Old 05-12-2021, 09:51 PM   #12797
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Re: Mike Postle cheating allegations (FAQ in first post)

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This judge is so patient with Postle. In her spot, I would have interrupted Postle several times to tell him that this is not a hearing to relitigate the underlying claims which he voluntarily dismissed.
Aka she is a typical government employee just wasting everyone's time not giving a damn about the taxpayer's money going down the drain. Hell, she didn't even have the correct lawyer on the zoom call.
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Old 05-12-2021, 11:28 PM   #12798
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Re: Mike Postle cheating allegations (FAQ in first post)

Quote:
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Hi synth_floyd:

An interesting side issue for me is that when we had our Dutch Boyd lawsuit many of the posters on the Witteles forum were quick to point out that we would never collect a penny. Fortunately, we were able to collect.

Now I wonder if the shoe is on the other foot. In his testimony, assuming I'm remembering it correctly, Postle said that he's unable to work because of all the negative statements made about him. If that's the case, it seems to me that it'll be extremely difficult for anyone to collect anything from him.

Perhaps some of the attorneys in this thread could comment.

Best wishes,
Mason
Hi Everyone:

Just to clarify. I believe in our court system, and if the court says that Witteles is due money, then I hope he collects.

Best wishes,
Mason
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Old 05-12-2021, 11:48 PM   #12799
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Re: Mike Postle cheating allegations (FAQ in first post)

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Wtf are you going on about? He's a professional poker player and has been unable to work due to the harassment.
Can't work because of harrassment? I work for a utility and I'm harrassed EVERYDAY by the psycho crackheads, meth addicts and general dumbasses. I've been shot at, threatened with knives, clubs, rocks, steel pipes, been run off the road by angry ratepayers, had dogs let loose on me and I still go to work everyday.

Professional cry babies more like it.
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Old 05-12-2021, 11:53 PM   #12800
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Re: Mike Postle cheating allegations (FAQ in first post)

Quote:
Originally Posted by AngusThermopyle View Post
Lawyer asked for $42,879.50 in fees

Judge awarded $26,547 in fees


a. What happens to the other $16,332.50 ? Cancelled? Client has to pay?


b. Who owns the debt, ie who has to try to collect from Postle? Lawyer or client?


c. If client, does that mean that the client has to pay the lawyer now?


d. My understanding of anti-SLAPP, the fees awarded only cover the work on the motion. Any other work performed by the lawyer on the case is not covered. May the client be on the hook for that work? Usually forgiven?
a. The lawyer says it cost him $42,000 in labor to file the Motion. This Motion is one of the rare ones in California law that REQUIRES legal fees to be granted if its won. Legal fees have to be "reasonable." Judge determines what is reasonable based on declarations (aka "evidence."). The judge says $42k is not reasonable. For example, half a hour to set up a hearing date, which is a telephone call, is not "reasonable."

The judge said the bill you can collect is 26k. Thats it, the $42k was hypothetical number that is gone.

b. Lawyer collects. Its his money - attorney fees. Although I guess Witteles and the lawyer could have contracted for another agreement. That would be subject to their own private dealings.

Notably, and Postles main defense, was that since he never served Witteles, its not fair that he has to face the consequences of filing his lawsuit. The judge did not buy it. Witteles chose to appear and pursue this motion because it was a guaranteed winner.

Postle tried to be the victim with his own lawsuit he filed lol.

Postle's big **** up was DISMISSING the case which meant he automatically admitted defeat. He should have tried to negotiate a dismissal of the case in exchange of dismissal of the motion to strike.

c. Witteles likely owes nothing, although if the case was defended beyond this Motion to Strike, I imagine the client would pay.

d. You are correct, the Motion to Strike attorney fees are only for work not hat motion. But attorney legal fees are not black and white. (Hence the lawyer jokes and that Tom Cruise movie about overbilling). That would be in the Witteles - attorney retainer agreement.

Anti-Slapp stops the entire case before discovery or before an answer/appearance, so there usually isn't too much work. I am guessing most likely the lawyer took the case knowing he would get $26k in legal fees for a few hours of work and some decent exposure on top of it, and Witteles would not have to pay anything.
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