Does the reasonable hours component and reasonable rate component of the lodestar calculation apply?

MultiRegion, United States of America

The following excerpt is from Gonzalez v. City of Maywood, D.C. No. 2:07-cv-03469-ODW-SH, No. 11-56594 (9th Cir. 2013):

Id. at n.8. (quoting Kerr v. Screen Guild Extras, Inc., 526 F.2d 67, 70 (9th Cir. 1975)). However, if the district court has "taken [any of these factors] into account in either the reasonable hours component or the reasonable rate component of the lodestar calculation," then it should not again reduce the lodestar. See id. at 364 n.9. In fact, we "presum[e]" that the district court accounts for the following factors in the lodestar computation: "(1) the novelty and complexity of the issues, (2) the special skill and experience of counsel, (3) the quality of representation, (4) the results obtained, and (5) the contingent nature of the fee agreement." Id. (citations and internal quotation marks omitted).

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