What is the burden of establishing entitlement to attorney fees?

California, United States of America


The following excerpt is from Ruelas v. Harper, E051961 (Cal. App. 2015):

An applicant for attorney fees under title 42 United States Code section 1988 "bears the burden of establishing entitlement to an award and documenting the appropriate hours expended and hourly rates." (Hensley v. Eckerhart (1983) 461 U.S. 424, 437.) The fee award should be one that is "sufficient to induce a capable attorney to undertake the representation of a meritorious civil rights case" and "'adequate to attract competent counsel, but that does not produce windfalls to attorneys.'" (Perdue v. Kenny A. (2010) 559 U.S. 542, 552 (Perdue).)

Other Questions


Is a plaintiff entitled to recover time, attorney fees and attorney fees incurred by a plaintiff in a personal injury action against a third party? (California, United States of America)
What is the burden of establishing entitlement to attorney fees? (California, United States of America)
What is the burden of establishing entitlement to attorney fees? (California, United States of America)
Is a plaintiff entitled to attorney fees under the private attorney general statute? (California, United States of America)
Does section 1717 of the California Civil Code guarantee mutuality of remedy for attorney fees under contractual attorney fee provisions? (California, United States of America)
Is a client's attorney required to repay all moneys laid out by the attorney to the attorney before the client can make a claim against the attorney? (California, United States of America)
What are the legal deadlines for filing a motion to claim entitlement to statutory attorney fees or to determine the amount of such fees? (California, United States of America)
When a contract contains a provision for attorney fees, can a successful party recover attorney fees? (California, United States of America)
Can an attorney who chooses to litigate in propria persona rather than retain an attorney to represent him recover attorney fees? (California, United States of America)
Can a defendant avoid the burden of establishing attorney fees by submitting a declaration from counsel rather than billing records or invoices? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.