motion to enforce settlement agreement is entitled to recover their attorney fees and costs incurredin bringing or defending the motion.The calculable amount of time spent includes all hours incurred working compensable services,including, but not limited to, investigation, evaluation of claims, drafting and revising pleadings(including the motion for attorney’s fees), research and briefing of factual and legal issues, andconferring with clients and/or other counsel.
See e.g., People ex rel. Dept. of Trans. v. Yuki
, 31Cal.App.4th 1754, 1775 (1995);
Stokus v. Marsh
, 217 Cal.App.3d 647, 656 (1990);
CaliforniaCommon Cause v. Duffy
, 200 Cal.App.3d 730, 753 (1987).The submission of the information contained in the attorney’s declaration is
evidencethat the costs, expenses, fees and services listed therein were necessarily incurred.
See, Hadley v. Krepell,
167 Cal.App.3d 677, 682 (1985).Furthermore, the hourly rate at which Plaintiff’s attorney is entitled to be compensated is thereasonable market value of their service in the community.
See Serrano v. Unruh
, 32 Cal.3d 621,639 (1982);
PLCM Group, Inc. v. Drexler
, 22 Cal.4th 1084, 1095 (2000).As a matter of law, actual billing rates are presumptively the reasonable market value of theattorney’s rates.
Mandel v. Lackner
, 92 Cal.App.3d 747, 761 (1979) (“the value of an attorney’stime is reflected in his normal billing rate”). In addition, a court evaluating the reasonableness of an attorney’s rate may consider the skill, experience, reputation, education, and professionalaccomplishment of the attorney, as well as the nature of the work performed.
Flannery v.California Highway Patrol
, 61 Cal.App.4th 629, 632-633 (1998);
City of Oakland v. Oakland Raiders
, 203 Cal.App.4th 78, 82 (1998).The hourly rate requested should be comparable to rates approved by courts even dating back several years, for attorneys of similar skill and knowledge.
Bihun v. AT&T Information Sys., Inc.
,13 Cal.App.4th 976, 997-998 (1993) (approving hourly rate for $450 per hour for Los Angeles areaattorney).If you enjoy this newsletter, tell others about it. They can subscribe by visiting the following link:http://www.legaldocspro.net/newsletter.htm Have a great week and thanks for being a subscriber.Yours Truly,Stan BurmanThe author of this newsletter, Stan Burman, is a freelance paralegal who has worked in Californialitigation since 1995.The author's website:http://www.legaldocspro.netView numerous sample documents sold by the author:http://www.scribd.com/legaldocspro