Alison Terry v. City of San Diego

Good Law
583 F. App'x 786
United States Court of Appeals for the Ninth CircuitJuly 25, 201412-56779California2,112 words

Opinion

Opinion

MEMORANDUM

Alison Terry appeals the partial grant of her motion for attorneys’ fees, which she brought as the prevailing party under 42 U.S.C. § 2000e-5(k) and California Government Code section 12965. Reviewing for abuse of discretion, Dannenberg v. Valadez, 338 F.3d 1070, 1073 (9th Cir.2003), we affirm in part and vacate and remand in part.

Guardian of the purse strings. The district court did not abuse its discretion by improperly assuming a role not supported by law. When read in context, the district court’s statement that it served as “guardian of the purse strings” is merely another way of stating the district court’s role — determining a reasonable fee when there has not been an agreed-upon amount. See Moreno v. City of Sacramento, 534 F.3d 1106, 1111 (9th Cir.2008) (“[F]ee awards are not negotiated at arm’s length, so there is a risk of overcompensation. A district court thus awards only the fee that it deems reasonable.”); Horsford v. Bd. of Trs. of Cal. State Univ., 132 Cal.App.4th 359 , 33 Cal.Rptr.3d 644, 670-72 (2005) (discussing process of setting a reasonable fee); 42 U.S.C. § 2000e-5(k); Cal. Gov’t Code § 12965(b).

Reducing requested hours. In calculating the…

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