How much time has been spent by a plaintiff attorney?

MultiRegion, United States of America

The following excerpt is from Bergman v. Fed. Express Corp., Case No. 16-cv-1179-BAS(KSC) (S.D. Cal. 2018):

Generally, the court should defer to the winning lawyer's professional judgment as to how much time was required for the case. See Moreno v. City of Sacramento, 534 F.3d 1106, 1112 (9th Cir. 2008) ("[A]fter all he [or she] won, and might not have, had he [or she] been more of a slacker."). To determine a reasonable attorney fees award, the district court applies a "two-step hybrid lodestar/multiplier approach" to determine reasonable attorney fees. See Welch v. Metropolitan Life Ins. Co., 480 F.3d 942, 945 (9th Cir. 2007). "First the court establishes a lodestar by multiplying the number of hours reasonably expended on this litigation by a reasonable hourly rate." Id. Typically, the lodestar is the reasonable fee amount, though a multiplier may then be applied to increase or decrease the lodestar.10 "In determining a reasonable hourly rate, the district court should be guided by the rate prevailing in the community for similar work performed by attorneys of comparable skill, experience, and reputation." Chalmers v. City of Los Angeles, 796 F.2d 1205, 1210 (9th Cir. 1985).

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