Frank
Frank v. Kijakazi
Opinion
Trial Court Opinion
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DANA F., Case No.: 3:20-cv-01548-AHG
Plaintiff,
ORDER REQUIRING
v. SUPPLEMENTAL BRIEFING
KILOLO KIJAKAZI, Commissioner of [ECF No. 20] Social Security, 15 Defendant. 16 17 18
21 22 23
26 27 28 the Equal Access to Justice Act. ECF No. 20. The parties jointly move the court to award Plaintiff Dana F. (“Plaintiff”) attorney fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d). Id. Under the EAJA, a litigant is entitled to attorney fees and costs if: “(1) he is the prevailing party; (2) the government fails to show that its position was substantially justified or that special circumstances make an award unjust; and (3) the requested fees and costs are reasonable.” Carbonell v. I.N.S., 429 F.3d 894, 898 (9th Cir. 2005). To assess the third factor of whether the requested fees are reasonable, the Court assesses whether the hourly rates and number of hours billed are…