Leaf

Leaf v. County of Los Angeles

Good Law
270 F. App'x 496
United States Court of Appeals for the Ninth CircuitMarch 12, 2008No. 06-56190California545 words

Opinion

lead Opinion

MEMORANDUM **

Plaintiffs Judy and David Leaf appeal from the district court’s award of attorneys’ fees in the amount of $51,546.95 pursuant to 42 U.S.C. § 1988 and the district court’s order denying plaintiffs’ motion to retax costs following a partial jury verdict in plaintiffs’ favor. We affirm the district court’s award of attorneys’ fees and dismiss the costs appeal as untimely.

The district court did not abuse its discretion when it subtracted hours for improper block billing, clerical tasks, and unnecessary tasks, because its decision was not “based on an inaccurate view of the law or a clearly erroneous finding of fact.” See Wilcox v. City of Reno, 42 F.3d 550, 553 (9th Cir.1994) (noting the abuse of discretion standard); Welch v. Metro. Life Ins. Co., 480 F.3d 942, 948 (9th Cir.2007) (holding that the district court has authority to decrease the number of reasonable hours claimed where hours are insufficiently documented).

Nor did the district court abuse its discretion when it determined the market rate for plaintiffs’ attorneys’ services was $250 because, as the court observed, plaintiffs did not show that other Los Angeles attorneys charge $400 for similar cases, and…

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