Joseph Padgett v. Brian Loventhal, 706 F.3d 1205 (9th Cir. 2013). · Go Syfert
Joseph Padgett v. Brian Loventhal, 706 F.3d 1205 (9th Cir. 2013). Cases Citing This Book View Copy Cite
55 citation events (55 in the last 25 years) across 11 distinct courts.
Treatment trajectory · 2012 → 2026 · click a year to view as-of
2012 2019 2026
Top citers, strongest first. 27 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Randy Cabantac v. Eric Holder, Jr.
9th Cir. · 2013 · signal: see, e.g. · quote attribution · 1 verbatim quote · confidence high
show your work!
discussed Cited as authority (rule) Sarkisian v. Newmar Industries
D. Or. · 2023 · confidence medium
Still, courts must “show their work when calculating attorney’s fees.” United States v. $28,000.00 in U.S. Currency, 802 F.3d 1100, 1108 (9th Cir. 2015) (quoting Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013)). 2.
discussed Cited as authority (rule) Mooney v. Roller Bearing Company of America Inc
W.D. Wash. · 2023 · confidence medium
Although the district court retains “a great deal 7 of discretion” in determining the reasonableness of fees, Gates v. Deukmejian, 987 F.2d 1392 , 8 1398 (9th Cir. 1992), it must “provide a concise but clear explanation of its reasons for the fee 9 award,” Hensley, 461 U.S. at 437 .3 The Ninth Circuit has interpreted the “concise but clear” 10 directive as requiring district courts to “show their work when calculating attorney’s fees.” Padgett 11 v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013).
cited Cited as authority (rule) Schultz v. NW Permanente P.C.
D. Or. · 2022 · confidence medium
Padgett v. Loventhal, 706 F.3d 1205, 1209 (9th Cir. 2013).
discussed Cited as authority (rule) Gilbert MH LLC v. Gilbert Family Hospital LLC
D. Ariz. · 2022 · confidence medium
Corbin v. Tocco, 845 P.2d 513, 593 (Ariz. Ct. App. 1992) 10 (“It is not enough for an opposing party simply to state, for example, that the hours 11 claimed are excessive and the rates submitted too high.” (internal quotation marks 12 omitted)); Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013).
discussed Cited as authority (rule) Hastings v. Ford Motor Company
S.D. Cal. · 2021 · confidence medium
In so doing, courts may “take into account their overall sense of 1 attorney’s time.” Id. 2 Even though it is impossible to determine with mathematical precision 3 the amount of attorneys’ fees and costs incurred by one party as a direct 4 result of misconduct, courts must “abide by the injunction of the arithmetic 5 teacher: Show your work!” Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th 6 Cir. 2013); Salstrom v. Citicorp Credit Services, Inc., 74 F.3d 183, 185 (9th 7 Cir. 1996). 8 In the Ninth Circuit, courts calculate awards for attorneys’ fees using 9 the “lodestar” metho…
cited Cited as authority (rule) Mendoza v. Lithia Motors, Inc.
D. Or. · 2021 · confidence medium
Padgett v. Loventhal, 706 F.3d 1205, 1209 (9th Cir .2013).
cited Cited as authority (rule) Padgett v. City of Monte Sereno
N.D. Cal. · 2020 · confidence medium
Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013). 25 26 || 5 □□ Pursuant to N.D.
discussed Cited as authority (rule) Padgett v. City of Monte Sereno
N.D. Cal. · 2019 · confidence medium
Padgett v. Loventhal (“Padgett I”), 706 F.3d 1205, 1208 (9th Cir. 2013). 6 On remand, in March 2015, this Court awarded attorney fees of $471,056.64 and $100,000 7 in litigation costs to Bustamante and Kallis.
cited Cited as authority (rule) Isom v. JDA Software Inc.
D. Ariz. · 2016 · confidence medium
Padgett v. Loventhal, 706 F.3d 1205, 1209 (9th Cir. 2013).
discussed Cited as authority (rule) Thomas O'Connell v. Carolyn Colvin
9th Cir. · 2016 · signal: cf. · confidence medium
See Meier v. Colvin, 727 F.3d 867, 869-70 (9th Cir.2013); cf. Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir.2013) (“Without an adequate explanation by the district court, an appellate court is unable to determine if the district court abused its discretion.”).
discussed Cited as authority (rule) Cyma Tupas v. Department Of Ecology
Wash. Ct. App. · 2015 · confidence medium
In Padgett v. Loventhal. 706 F.3d 1205, 1208 (9th Cir. 2013), the court reasoned, "identifying the legal rules that guide the calculation of fees, -10- No. 72259-0-1/11 and then producing a number that is purportedly a result of that calculation, does not allow us to review the decision for an abuse of discretion." Padgett. 706 F.3d at 1208 .
discussed Cited as authority (rule) T.B. v. San Diego Usd (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
As we held in Padgett v. Loventhal, 706 F.3d 1205, 1209 (9th Cir. 2013), “[f]ailure on a claim does not automatically reduce the fee award.” Rather, “where attorney work proves beneficial to a 68 T.B.
discussed Cited as authority (rule) United States v. $28,000.00 in U.S. Currency (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
MOSER courts must show their work when calculating attorney’s fees.” Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013).2 C.
discussed Cited as authority (rule) T.B. v. San Diego Unified School District (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
As we held in Padgett v. Loventhal, 706 F.3d 1205, 1209 (9th Cir.2013), “[fjailure on a claim does not automatically reduce the fee award.” Rather, “where attorney work proves beneficial to a successful claim, district courts should generally award these fees in full, even if the work is also useful to an unsuccessful claim.” Id.
discussed Cited as authority (rule) T.B. ex rel. Brenneise v. San Diego Unified School District (2×) also: Cited "see"
9th Cir. · 2015 · confidence medium
As we held in Padgett v. Loventhal, 706 F.3d 1205, 1209 (9th Cir.2013), “[failure on a claim does not automatically reduce the fee award.” Rather, “where attorney work proves beneficial to a successful claim, district courts should generally award these fees in full, even if the work is also useful to an unsuccessful claim.” Id.
discussed Cited as authority (rule) Waite v. Clark County Collection Service, LLC (2×)
9th Cir. · 2015 · confidence medium
In so doing, the court must, as always, “show [its] work.” Barnard v. Theobald, 721 F.3d 1069, 1077 (9th Cir. 2013) (quoting Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013)).
cited Cited as authority (rule) State of Arizona v. Raytheon Company
9th Cir. · 2014 · confidence medium
Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013) (internal quotation marks omitted).
discussed Cited as authority (rule) State of Arizona v. Raytheon Company (2×)
9th Cir. · 2014 · confidence medium
Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir.2013) (internal quotation marks omitted).
examined Cited as authority (rule) Muniz v. United Parcel Service, Inc. (4×) also: Cited "see"
9th Cir. · 2013 · confidence medium
Although we review attorney fee awards for abuse of discretion, “[w]e have long held that district courts must show their work when calculating [such awards].” Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir.2013); McCown v. City of Fontana, 565 F.3d 1097, 1102 (9th Cir.2009) (“A district court acts within its discretion in awarding fees when the amount is reasonable and the court fully explains its reasoning in making the award.”).
discussed Cited as authority (rule) Charles Barnard v. Greg Theobald (2×)
9th Cir. · 2013 · confidence medium
“We have long held that district courts must show their work when calculating attorney’s fees.” Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir.2013).
cited Cited as authority (rule) Securities & Exchange Commission v. Sunwest Management, Inc.
9th Cir. · 2013 · confidence medium
E.g., Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir.2013).
discussed Cited as authority (rule) Susan Kassebaum v. Commissioner of Social Security
9th Cir. · 2013 · confidence medium
The district court’s reasoning was sufficient to “show [its] work when calculating attorney’s fees,” Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013), and thus was not an abuse of discretion.
cited Cited "see" Joseph Padgett v. A. Curtis Wright
9th Cir. · 2021 · signal: see · confidence high
See Padgett v. Loventhal, 706 F.3d 1205, 1206, 1208 (9th Cir. 2013) (remanding for an explanation of attorney’s fee award).
cited Cited "see" Joseph Padgett v. City of Monte Sereno
9th Cir. · 2018 · signal: see · confidence high
See Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013).
discussed Cited "see, e.g." Otay Mesa Property, L.P. v. United States
Fed. Cl. · 2016 · signal: see also · confidence medium
See Tempest Publ’g, Inc., 141 F.Supp.3d at 726 (noting that courts have “wide discretion” to ensure costs are taxed equitably and reducing plaintiffs costs due to limited success on claims); see also Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir. 2013) (court did “not quarrel” with district court’s conclusion that awarding the prevailing party its full request for fees and costs “might overcompensate him in light of his failure to prevail on the vast majority of his claims”); Reger v. Nemours Found., Inc., 599 F.3d 285, 288-89 (3d.
cited Cited "see, e.g." Cabantac v. Holder
9th Cir. · 2012 · signal: see, e.g. · confidence medium
See, e.g., Padgett v. Loventhal, 706 F.3d 1205, 1208 (9th Cir.2013) (“Show your work!”).
Retrieving the full opinion text from the archive…
Joseph PADGETT; Darla Padgett, Plaintiffs-Appellees,
v.
Brian LOVENTHAL; A. Curtis Wright; Barbara Nesbet; Erin Garner; Mark Brodsky; David Baxter, Defendants-Appellants, and Lisa M. Rice, Defendant
10-16533.
Court of Appeals for the Ninth Circuit.
Feb 11, 2013.
706 F.3d 1205
M. Jeffery Kallis, The Law Firm of Kallis & Associates, Andrew V. Stearns and Steven M. Berki, Bustamante O’Hara & Gagliasso, San Jose, CA, for Appellees., Todd H. Master and Joseph C. Howard, Jr., Howard Rome Martin & Ridley, LLP, Redwood City, CA, for Appellants.
Kozinski, Hawkins, Murguia.
Cited by 36 opinions  |  Published
Pinpoint authority: bottom 52%

OPINION

MURGUIA, Circuit Judge:

I. Background

Joseph and Darla Padgett filed a complaint asserting state and federal causes of action against eight defendants, stemming from a dispute with the City of Monte Sereno, California about enforcement of a fence height ordinance. The eight defendants were: the City; Brian Loventhal, the City Manager; A. Curtis Wright, the Mayor and member of the City Council; Erin Garner, Mark Brodsky, Barbara Nesbet, and David Baxter, members of the City Council; and Lisa Rice, a former City employee. Against all defendants the Padgetts asserted civil rights claims under 42 U.S.C. § 1983 for violations of their First Amendment right to free speech and their Fourteenth Amendment right not to be subjected to selective enforcement of the law; a claim under California Civil Code § 52.1; civil extortion; intentional[*1207] infliction of emotional distress; and negligent infliction of emotional distress. The Padgetts also asserted a 42 U.S.C. § 1983 claim against all defendants except Rice for a violation of the Fourth Amendment relating to a measurement of their fence that they claimed was made without then-consent.

Defendants began to chip away at the Padgetts’ claims and by the eve of trial, only the Padgetts’ First and Fourteenth Amendment claims against Loventhal and Wright survived. The case proceeded to trial on those claims. The district court dismissed the Fourteenth Amendment claims against Wright before the case went to the jury. The jury returned a verdict in favor of Wright on Darla Padgett’s First Amendment claim, but in favor of Joseph Padgett on his First Amendment claim. Joseph Padgett was awarded $1.00 in nominal damages and $200,000 in punitive damages. The jury was unable to reach a verdict on any of the claims against Loventhal.

All remaining parties then moved, pursuant to Federal Rule of Civil Procedure 50(b), for judgment as a matter of law. Wright’s motion was denied, as was his motion in the alternative for a new trial under Rule 59. The district court entered judgment against Wright and in favor of Joseph Padgett. Because Darla Padgett did not file a motion for judgment as a matter of law with respect to Wright, the district court entered a judgment in Wright’s favor on her claim. The district court granted Loventhal’s motion on all claims. After the dust settled, Joseph Padgett prevailed on one claim — a § 1983 First Amendment retaliation claim— against one defendant — Wright. Darla Padgett prevailed on none.

Joseph Padgett moved for attorney’s fees pursuant to 42 U.S.C. § 1988. The district court, citing Thomas v. City of Tacoma, 410 F.3d 644, 647-49 (9th Cir. 2005), noted that when a plaintiff prevails on only some of his claims, fees for the entire litigation may be excessive. Noting that this case was “a textbook example of disproportionate litigation in relation to the actual damages,” the district court denied Padgett’s full fee request because it represented the cost of the entire litigation. The district court explained its fee award as follows:

Thus, the Court finds that minimum attorney's] fees are warranted for the prosecution of a minimally successful claim. Upon review of the claims, the result obtained, and Joseph Padgett’s request for attorney[’s] fees totaling approximately $3.2 million dollars, the Court finds that an award of $500,000 in attorney[’s] fees is reasonable.

The district court justified this award with only a footnote, which read:

See Hensley v. Eckerhart, 461 U.S. 424, 436-37 [103 S.Ct. 1933, 76 L.Ed.2d 40] (1983) (“The district court may attempt to identify specific hours that should be eliminated, or it may simply reduce the award to account for the limited success.”) In reaching this determination, the Court has considered factors relevant to determining the reasonableness of attorney[’s] fees. See Gisbrecht v. Barnhart, 535 U.S. 789, 801 [122 S.Ct. 1817, 152 L.Ed.2d 996] (2002); Morales v. City of San Rafael, 96 F.3d 359, 363-64 (9th Cir.1996).

The district court similarly decided, without explanation, to reduce Padgett’s bill of costs from $900,000 to $100,000. The district court also denied costs to the prevailing defendants.

Because the district court did not explain how it determined that $500,000 in fees and $100,000 in costs was appropriate or why it denied costs to the prevailing defendants, we are unable to review the court’s reasoning. Therefore, we vacate[*1208] and remand for a more complete explanation.

II. Discussion

We do not quarrel with the district court’s conclusion that awarding Padgett $8.2 million in fees and $900,000 in costs might overcompensate him in light of his failure to prevail on the vast majority of his claims. See Thomas, 410 F.3d at 649. Additionally, the district court’s citation to Gisbrecht and Morales correctly identified the lodestar method of calculating fees. But identifying the legal rules that guide the calculation of fees, and then producing a number that is purportedly a result of that calculation, does not allow us to review the decision for an abuse of discretion.

We have long held that district courts must show their work when calculating attorney’s fees. In Chalmers v. City of Los Angeles, we vacated an award of attorney’s fees when the district court noted that it was reducing the plaintiffs fees because the plaintiff was only partially successful, but the order “contain[ed] no explanation of how the court arrived at the” award. 796 F.2d 1205, 1213 (9th Cir.1986), amended by 808 F.2d 1373 (9th Cir.1987). The lack of explanation was problematic because,

Without some indication or explanation of how the district court arrived at the amount of fees awarded, it is simply not possible for this court to review such an award in a meaningful manner. Absent some indication of how the district court’s discretion was exercised, this court has no way of knowing whether that discretion was abused.

Id.

More recently, in Tutor-Saliba Corp. v. City of Hailey, we relied on Chalmers to vacate an award of fees in favor of the defendant, noting,

Although the district court stated that it utilized the ‘lodestar’ method to calculate the fee award, and that it had considered the factors enunciated in Kerr [v. Screen Extras Guild, Inc.,] 526 F.2d [67,] 70 [ (9th Cir.1975),] its order failed to reveal the number of hours being compensated, the hourly rate being applied, and how it reached the conclusion that 20 percent of counsel’s time and costs were apportionable to the defense against [plaintiffs] frivolous claims.

452 F.3d 1055,1065 (9th Cir.2006).

Similarly, we have held that a district court must “specify reasons” for not awarding costs, Ass’n of Mexican-Am. Educators v. State of California, 231 F.3d 572, 591 (9th Cir.2000) (en banc), and the same reasoning applies to reducing costs based on a partial victory. Without an adequate explanation by the district court, an appellate court is unable to determine if the district court abused its discretion. Id. at 592-93.

It is worth repeating that “[s]ince [the district court] is already doing the relevant calculation, it is a small matter to abide by the injunction of the arithmetic teacher: Show your work!” City of Holyoke Gas & Elec. Dep’t v. FERC, 954 F.2d 740, 743 (D.C.Cir.1992). The requirement that district courts show their work is frequently forgotten, and we have often needed to reiterate its importance. See, e.g., Evon v. Law Offices of Sidney Mickell, 688 F.3d 1015, 1034 (9th Cir.2012) (remanding fee award for lack of explanation); McCown v. City of Fontana, 550 F.3d 918, 922-23 (9th Cir.2008), amended by 565 F.3d 1097 (9th Cir.2008) (same); McGrath v. Cnty. of Nevada, 67 F.3d 248, 254 (9th Cir.1995) (same); United Steelworkers of Am. v. Phelps Dodge Corp., 896 F.2d 403, 406-07 (9th Cir.1990) (same); Jordan v. Multnomah Cnty., 815 F.2d 1258, 1263-64 (9th Cir.1987) (same).

[*1209] The mandate that district courts show their work is all the more important in cases where, as here, there are many overlapping claims and a very mixed result. See Thomas, 410 F.3d at 648-49. Failure on a claim does not automatically reduce the fee award. See Hensley v. Eckerhart, 461 U.S. 424, 436, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). Often, attorney work will bear on multiple claims, only some of which are successful. Fees for work which relates only to unsuccessful claims should not be awarded. See id. But where attorney work proves beneficial to a successful claim, district courts should generally award these fees in full, even if the work is also useful to an unsuccessful claim. In other words, the district court must award fees for the work that contributed to a successful result as if the successful claims were the only ones litigated. This, of course, is subject to the general constraint that the fees must be reasonable. Id.

The district court made an unfortunately common mistake. While it identified the correct rules, it provided no explanation for how it applied those rules in calculating the costs and attorney’s fees. Therefore, we vacate the district court’s award of costs and fees and remand to the district court for an explanation of how it used the lodestar method to reduce Padgett’s fees and how it calculated Padgett’s reduced costs.

For the same reason, the district court erred in failing to explain why it denied costs to the prevailing defendants. Prevailing parties are generally able to recover their costs. See Fed.R.Civ.P. 54(d). While the district court has discretion to depart from the rule in appropriate cases, we cannot review its unexplained order for abuse of discretion. See Ass’n of Mexican-Am. Educators, 231 F.3d at 593.

VACATED and REMANDED. Each party to bear its own costs on appeal.