Rodriguez v. Barrita, Inc.
| Decision Date | 01 July 2014 |
| Docket Number | No. C 09–04057 RS,C 09–04057 RS |
| Court | U.S. District Court — Eastern District of California |
| Parties | Armando Rodriguez, Plaintiff, v. Barrita, Inc., dba La Victoria Taqueria; Nicandro Barrita; ENS Associates Investments, LLC; Masoud Shahidi; Nicandro Barrita; and Does 1 through 10, inclusive, Defendants. |
OPINION TEXT STARTS HERE
Catherine M. Cabalo, Celia Louise McGuinness, Paul Leslie Rein, Law Offices of Paul L. Rein, Oakland, CA, for Plaintiff.
David Irwin Kornbluh, Miller Morton Caillat & Nevis, LLP, San Jose, CA, for Defendants.
ORDER ON PLAINTIFF'S MOTION FOR ATTORNEY FEES AND COSTS
In this disability access case, prevailing plaintiff Armando Rodriguez seeks $1,444,513.84 in attorney fees, litigation expenses, and costs from defendants Barrita Inc., Nicandro Barrita, ENS Associates, and Masoud Shahidi. More specifically, he requests $763,691 for “merits” (i.e., through the end of trial) attorney fees, $50,125 in post-trial attorney fees, and $248,671.84 in litigation expenses and costs. Plaintiff also seeks a 1.5x multiplier on the merits fees, adding $381,846 to his overall request. Defendants agree that Rodriguez is entitled to fees and costs, but they argue he seeks too much. In defendants' estimation, plaintiff is entitled to $391,770.50 in attorney fees and $17,991.74 in taxable costs and expenses. Unsurprisingly, the appropriate amount falls somewhere along the million-dollar spectrum between the parties' requests. For the reasons explained below, plaintiff is entitled to $584,805.60 in attorney fees and $173,348.29 in costs and litigation expenses, resulting in a total award of $758,153.89.
The calculation of a reasonable fee award involves a two-step process. Fischer v. SJB–P.D. Inc., 214 F.3d 1115, 1119 (9th Cir.2000). First, the court calculates the presumptive fee award, also known as the “lodestar figure,” by taking the number of hours reasonably expended on the litigation and multiplying it by a reasonable hourly rate. Id. (citing Hensley v. Eckerhart, 461 U.S. 424, 433, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983)). Second, in “appropriate cases” the court may enhance or reduce the lodestar figure based on an evaluation of the factors set forth in Kerr v. Screen Extras Guild, Inc., 526 F.2d 67, 69–70 (9th Cir.1975), that were not taken into account in the initial lodestar calculation. Intel Corp. v. Terabyte Intern., Inc., 6 F.3d 614, 622 (9th Cir.1993) (citation omitted). 1 The Ninth Circuit has cautioned that there is a “strong presumption” that the lodestar figure represents a reasonable fee and that adjustment upward or downward is “the exception rather than the rule.” D'Emanuelev. Montgomery Ward & Co., Inc., 904 F.2d 1379, 1384 (9th Cir.1990).
As a threshold matter, it is undisputed that Rodriguez is entitled to attorney fees. A prevailing plaintiff under the ADA “should ordinarily recover an attorney's fee unless special circumstances would render such an award unjust.” Barrios v. California Interscholastic Fed'n, 277 F.3d 1128, 1134 (9th Cir.2002) (quoting Hensley, 461 U.S. at 429, 103 S.Ct. 1933). Additionally, the California Disabled Persons Act provides for attorney fees to prevailing parties as a matter of right. Cal. Civ.Code § 55. Here, where Rodriguez prevailed under both statutes, defendants do not contest that fees are warranted. The question, rather, is how much.
The fee applicant bears the burden of producing satisfactory evidence “that the requested rates are in line with those prevailing in the community for similarservices by lawyers of reasonably comparable skill, experience, and reputation.” Blum v. Stenson, 465 U.S. 886, 895, n. 11, 104 S.Ct. 1541, 79 L.Ed.2d 891 (1984). “Affidavits of the plaintiff['s] attorney and other attorneys regarding prevailing fees in the community, and rate determinations in other cases, particularly those setting a rate for the plaintiff['s] attorney, are satisfactory evidence of the prevailing market rate.” United Steelworkers of America v. Phelps Dodge Corp., 896 F.2d 403, 407 (9th Cir.1990). Courts also may rely on decisions by other courts awarding similar rates for work in the same geographical area by attorneys with comparable levels of experience. See, e.g., Nadarajah v. Holder, 569 F.3d 906, 917 (9th Cir.2009). As a general rule, the forum district represents the relevant legal community. See Gates v. Deukmejian, 987 F.2d 1392, 1405 (9th Cir.1992).
Celia McGuinness, plaintiff's trial counsel and the lead lawyer on this case, seeks fees at the rate of $550/hour. In support, she submits declarations from four Bay Area disability access attorneys, all of whom attest that McGuinness's requested rate is reasonable for an attorney of her skill, experience, and reputation. McGuinness also furnishes excerpts from numerous cases in this district where the court awarded fees at her then-requested rates. The most recent excerpt is from Hernandez v. Grullense, 2014 WL 1724356 (N.D.Cal. Apr. 30, 2014), where the court approved her request for fees at $495/hour in a motion filed in December 2013.
This fee motion, filed in March 2014, apparently marks the first time McGuinness has requested fees at $550/hour—a rate significantly higher than the $495/hour requested and awarded in other recent cases. See, e.g.,Cruz v. Starbucks Corp., 2013 WL 2447862, at *7 (N.D.Cal. June 5, 2013). Defendants, however, do not contest that $550/hour is a reasonable rate for McGuinness in 2014.2 Indeed, McGuinness has extensive experience representing plaintiffs in disability access cases, and she served as a skilled and persuasive advocate for her client over the course of this litigation. Given McGuinness's skill, experience, and reputation, $550/hour is a reasonable rate for her services.
Paul Rein, owner of Rein Law Offices and member of the California bar for over forty-five years, requests fees at $645/hour. In support, plaintiff points to numerous recent court decisions finding this to be an appropriate rate for Rein's services. Within the last fifteen months, four different judges in this district have found $645/hour to be a reasonable rate in light of Rein's skill, reputation, and extensive experience. See Hernandez, 2014 WL 1724356, at *5, Moralez v. Whole Foods Mkt., Inc., 2013 WL 3967639, at *4 (N.D.Cal. July 31, 2013); Cruz, 2013 WL 2447862, at *5; Delson v. CYCT Mgmt. Grp., Inc., 2013 WL 1819265, at *5 (N.D.Cal. Apr. 30, 2013). Indeed, defendants do not contest that $645/hour is a reasonable rate for Rein's services in 2014. Plaintiff's submissions and argument substantiate Rein's request for attorney fees at the reasonable rate of $645/hour.
Catherine Cabalo, plaintiff's third attorney, seeks fees at a rate of $425/hr. Cabalo, a 2001 graduate of the University of Washington, has been working for Rein Law since 2009. Her rate is supported bythe declaration of Bryan Gearinger, a Bay Area disability law attorney who has been practicing for twenty-three years. Plaintiff also points to several recent court decisions finding that $425/hour is a reasonable rate for Cabalo's work. See Moralez, 2013 WL 3967639, at *3; Cruz,2013 WL 1819265, at *2. Defendants do not contest Cabalo's requested rate. Cabalo will be awarded attorney fees at the reasonable rate of $425/hour.
Aaron Clefton, a Rein Firm paralegal, requests fees at $200/hour. This rate would mark an increase from several recent cases in this district finding that $175/hour is a reasonable price for Clefton's work. See Hernandez, 2014 WL 1724356, at *4; Cruz, 2013 WL 2447862, at *5. Indeed, in Cruz, the court denied Clefton's request for fees at $200/hour, instead awarding him fees at the rate of $175/hour. Plaintiff claims an increase is warranted to reflect that “few other paralegals ... possess both [Clefton's] years of experience and his understanding of disability rights law.” (Pl. Repl., ECF No. 260, 2:1–2). Indeed, Clefton has been working as a paralegal for more than a decade, spending nine years with Rein Law. In addition, Clefton has attended several semesters of law school and anticipates completing his Juris Doctorate at some point in the future. When Clefton finishes school and becomes a member of the bar, he will doubtlessly be justified in increasing his rate substantially. For now, however, plaintiff's submissions fail to establish that $200/hour is a reasonable rate for Clefton's work as a paralegal. Accordingly, Clefton will be awarded fees at the reasonable rate of $175/hour.
Holly Jaramillo, a Rein Law paralegal with much less experience than Clefton, requests fees at the rate of $135/hour. Defendants do not address, much less rebut, Jaramillo's request. She will accordingly be awarded fees at the reasonable rate of $135/hour.
Defendants maintain it would be unreasonable for plaintiff's attorneys to receive their current rates for litigation that began in 2009 and culminated in a 2014 judgment. They request instead that Rein be awarded $495/hour for all hours worked before 2012 and McGuinness be awarded $495/hour for all hours logged before 2014.3
The court has discretion to apply the rates in effect at the time the work was performed. See Barjon v. Dalton, 132 F.3d 496, 502 (9th Cir.1997). It may also award fees at an attorney's current rate where appropriate to compensate for the lengthy delay in receiving payment. See Missouri v. Jenkins, 491 U.S. 274, 284, 109 S.Ct. 2463, 105 L.Ed.2d 229 (1989). Here, Rein Law put a significant amount of time and effort into litigating Rodriguez's claims, without any promise of payment, in an attempt to vindicate plaintiff's civil rights under federal and state disability law. Nearly five years have passed since the commencement of this case, during which time plaintiff's counsel received no payment for their...
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