In Kerkeles v. City of San Jose, published December 18, 2015, the Sixth District Court of Appeal reversed a trial court's decision that effectively reduced by more than 80% a fee award under 42 U.S.C. section 1988. The parties had settled a civil rights decision. The settlement agreement provided that plaintiff could seek in court a fee award under 42 U.S.C. section 1988. The fee motion sought over $2 million, including a multiplier to the lodestar amount under the California Private Attorney General statute, Code of Civil Procedure section 1021.5. The trial court's order deemed the hours expended excessive. Yet the ultimate order did not reduce the number of hours used in the lodestar calculation. Instead, it reduced the hourly fees of the counsel used in the lodestar calculation, and then reduced the total lodestar by half. It also declined to award fees under section 1021.5.
The appellate court agreed that the plaintiff was not entitled to fees under section 1021.5, since the settlement agreement specified that plaintiff was entitled to fees under 42 U.S.C. section 1988. It therefore applied only the standards for attorney fees under section 1988. Under that statute, reduction of claimed attorney fees that are more than a "haircut" require an explanation of the reductions by the trial court. Because the fee order here did not provide a sufficient explanation, the appellate court remanded the fee award to the trial court.
Comments