51 Cited authorities

Hensley v. Eckerhart
461 U.S. 424 (1983) Cited 22,296 times 7 Legal Analyses
Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute
Blum v. Stenson
465 U.S. 886 (1984) Cited 9,133 times 4 Legal Analyses
Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”
Ketchum v. Moses
24 Cal.4th 1122 (Cal. 2001) Cited 1,795 times 4 Legal Analyses
Holding that "the party seeking a fee enhancement bears the burden of proof
Gates v. Deukmejian
987 F.2d 1392 (9th Cir. 1992) Cited 1,757 times
Holding that the district court did not abuse its discretion by applying exception to the forum rule where local counsel were unavailable
Gonzalez v. City of Maywood
729 F.3d 1196 (9th Cir. 2013) Cited 804 times
Holding district court erred by setting arbitrary hourly rates for plaintiff's attorneys by "disregarding the varied levels of skill, experience, and reputation among them."
Welch v. Metropolitan Life
480 F.3d 942 (9th Cir. 2007) Cited 997 times
Holding district court on remand could reduce requested rates based on "evidence that undermines the reasonableness of the rate requested" although the party opposing the request for fees had not previously introduced any evidence undermining requested rates
MGIC Indem. Co. v. Weisman
803 F.2d 500 (9th Cir. 1986) Cited 1,974 times
Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege
Fischer v. SJB-P.D. Inc.
214 F.3d 1115 (9th Cir. 2000) Cited 1,029 times
Holding that a district court may reduce hours to offset "poorly documented" billing
Sorenson v. Mink
239 F.3d 1140 (9th Cir. 2001) Cited 788 times
Holding that a court can use its discretion to evaluate the reasonableness of the number of hours claimed by a prevailing party
Chalmers v. City of Los Angeles
796 F.2d 1205 (9th Cir. 1986) Cited 1,150 times
Holding that for purposes of claiming a fee award pursuant to 42 U.S.C. § 1988, "counsel bears the burden of submitting detailed time records justifying the hours claimed to have been expended."
Rule 54 - Judgment; Costs
Fed. R. Civ. P. 54 Cited 43,145 times 146 Legal Analyses
Holding party seeking fees may additionally seek "nontaxable expenses"
Section 1746 - Unsworn declarations under penalty of perjury
28 U.S.C. § 1746 Cited 10,508 times 17 Legal Analyses
Making affidavits and declarations effectively synonymous
Rule 402 - General Admissibility of Relevant Evidence
Fed. R. Evid. 402 Cited 7,048 times 12 Legal Analyses
Stating that relevant evidence is generally admissible at trial
Rule 36 - Requests for Admission
Fed. R. Civ. P. 36 Cited 6,380 times 13 Legal Analyses
Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,981 times 28 Legal Analyses
Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)
Rule 602 - Need for Personal Knowledge
Fed. R. Evid. 602 Cited 3,663 times 13 Legal Analyses
Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"
Section 1033.5 - Items allowable as costs
Cal. Code Civ. Proc. § 1033.5 Cited 1,511 times 2 Legal Analyses
Permitting various types of service as costs

Navcom Technology, Inc et al v. OKI Semiconductor America, Inc et al

51 Cited authorities

Holding a civil-rights plaintiff can recover attorney's fees for claims that "involve a common core of facts or will be based on related legal theories," even if only one of those claims arises under a fee-shifting statute

Holding that fee shifting is “to be calculated according to the prevailing market rates in the relevant community, regardless of whether plaintiff is represented by private or nonprofit counsel”

Holding that "the party seeking a fee enhancement bears the burden of proof

Holding that the district court did not abuse its discretion by applying exception to the forum rule where local counsel were unavailable

Holding district court erred by setting arbitrary hourly rates for plaintiff's attorneys by "disregarding the varied levels of skill, experience, and reputation among them."

Holding district court on remand could reduce requested rates based on "evidence that undermines the reasonableness of the rate requested" although the party opposing the request for fees had not previously introduced any evidence undermining requested rates

Holding that, on a motion for attorney fees, the requesting party must disclose its time sheets to the other party, redacted as necessary where protected by the attorney-client privilege

Holding that a district court may reduce hours to offset "poorly documented" billing

Holding that a court can use its discretion to evaluate the reasonableness of the number of hours claimed by a prevailing party

Holding that for purposes of claiming a fee award pursuant to 42 U.S.C. § 1988, "counsel bears the burden of submitting detailed time records justifying the hours claimed to have been expended."

Holding party seeking fees may additionally seek "nontaxable expenses"

Making affidavits and declarations effectively synonymous

Stating that relevant evidence is generally admissible at trial

Noting that facts admitted pursuant to a Rule 36 discovery request are "conclusively established unless the court, on motion, permits the admission to be withdrawn or amended"

Limiting lay testimony to "one that is rationally based on the witness's perception" (cleaned up)

Stating that " witness may testify only if evidence is introduced sufficient to support a finding that the witness has personal knowledge of the matter"

Permitting various types of service as costs