Rudy Lemus v. Burnham Painting & Drywall Cor

MEMORANDUM

Rudy Lemus, Manuel Lopez Zarate, Arturo Carreno Garcia, Norma Uribe, and Lino Calderon Mendoza (Plaintiffs) appeal from the district court’s order reducing them request for attorney’s fees, statutory costs, and litigation expenses from $386,071.38 to $121,599.11. We have jurisdiction pursuant to 28 U.S.C. § 1291 , and we review the “district court’s decision to award attorney’s fees ... for abuse of discretion.” Tutor-Saliba Corp. v. City of Hailey, 452 F.3d 1055, 1059 (9th Cir.2006). After careful review of the record, we vacate and remand for further proceedings.

I.

The district court does not commit an abuse of discretion by beginning its analysis using a party’s lodestar calculations. Although it is not entirely clear, we assume the district court adopted Plaintiffs’ lodestar figure. If so, the court was not required to accept Plaintiffs’ calculations without change or otherwise specify an initial lodestar amount. See McCown v. City of Fontana, 565 F.3d 1097, 1102 (9th Cir.2009) (explaining that “[tjypically a district court begins it[s] calculation of fees by” determining a lodestar amount) (emphasis added).

The district court did not abuse its discretion when…