NOT FOR PUBLICATION FILED
UNITED STATES COURT OF APPEALS MAY 18 2018
MOLLY C. DWYER, CLERK
U.S. COURT OF APPEALS
FOR THE NINTH CIRCUIT
STEPHEN YAGMAN, No. 17-55384
Plaintiff-Appellee, D.C. No. 2:15-cv-07210-DSF-SS
v.
MEMORANDUM*
JOSEPH CURTIS EDMONDSON,
Defendant,
and
MICHAEL J. COLELLO,
Defendant-Appellant.
Appeal from the United States District Court
for the Central District of California
Dale S. Fischer, District Judge, Presiding
Submitted May 15, 2018**
Before: SILVERMAN, BEA, and WATFORD, Circuit Judges.
Michael J. Colello appeals from the district court’s order denying his motion
*
This disposition is not appropriate for publication and is not precedent
except as provided by Ninth Circuit Rule 36-3.
**
The panel unanimously concludes this case is suitable for decision
without oral argument. See Fed. R. App. P. 34(a)(2).
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, 17 P.3d 735, 745 (Cal. 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.
2 17-55384