Shayler v. 1310 PCH

“In ADA cases, a prevailing plaintiff may recover a reasonable attorney’s fee. 42 U.S.C. § 12205. A reasonable attorney’s fee... can be adjusted upward or downward based on other factors. Machowski v. 333 N. Placentia Prop., LLC, 38 F.4th 837, 840-41 (9th Cir. 2022).

Shayler sued PCH for violating the Americans with Disabilities Act because they failed to provide accessible parking spaces. Shayler sought injunctive relief and attorney’s fees. PCH filed a motion of non-opposition, and the district court granted summary judgment in favor of Shayler. On appeal, Shayler assigned error to the district court for significantly reducing the attorney’s fees by using a blended rate of $300 an hour, and a 65% downward multiplier, arguing the reduction was unjustified. “In ADA cases, a prevailing plaintiff may recover a reasonable attorney’s fee. 42 U.S.C. § 12205. A reasonable attorney’s fee is initially determined by the lodestar method, which multiplies an attorney’s reasonable hourly rate by the number of hours reasonably expended on the litigation, though this amount can be adjusted upward or downward based on other factors. Machowski v. 333 N. Placentia Prop., LLC, 38 F.4th 837, 840-41 (9th Cir. 2022). The Court reasoned that the district court’s use of the blended billing rate for downward adjustment was appropriate because this was a straightforward and uncontested case, presenting no novel or complex legal questions. Additionally, the work could have been completed by paralegals, not two senior attorneys billing their full rate. The Court held the district court did not err. Affirmed.