Childs

Childs v. Kijakazi

Good Law
United States District Court, Southern District of CaliforniaDecember 15, 20223:21-cv-01012California728 words

Opinion

Trial Court Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF CALIFORNIA 10 DARREN C., Case No.: 3:21-cv-01012-AHG

Plaintiff,

ORDER REQUIRING

v. SUPPLEMENTAL BRIEFING

KILOLO KIJAKAZI, Commissioner of [ECF No. 23] Social Security, 15 Defendant. 16 17 18

21 22 23

26 27 28 Fees and Expenses Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412(d), and Costs Pursuant to 28 U.S.C. § 1920. ECF No. 23. The parties jointly move the court to award Plaintiff Darren C. (“Plaintiff”) attorney fees and expenses pursuant to the Equal Access to Justice Act (“EAJA”), 28 U.S.C. § 2412(d), and costs pursuant to 28 U.S.C. § 1920. 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…

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