Johnson v. Wachovia Bank FSB et al

Filing 87

ORDER DENYING Defendant's MOTION for Attorney's Fees signed by Judge Garland E. Burrell, Jr on 9/10/13 re 77 . (Mena-Sanchez, L)

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IN THE UNITED STATES DISTRICT COURT
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FOR THE EASTERN DISTRICT OF CALIFORNIA
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LAMONT JOHNSON, an individual,

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Plaintiff,

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v.

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WELLS FARGO BANK N.A.,

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Defendant.*
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2:10-cv-02839-GEB-CKD
ORDER DENYING DEFENDANT’S
MOTION FOR ATTORNEY’S FEES

Defendant seeks $7,304 in attorney’s fees and costs as the

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prevailing party in this action. Plaintiff opposes the motion.

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Defendant’s motion does not adequately comply with Local Rule

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293(b), which prescribes in relevant part: “All motions for awards of

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attorneys’ fees pursuant to statute shall, at a minimum, include an

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affidavit showing . . . the information pertaining to each of the

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criteria set forth in [Local Rule 293](c).” E.D. Cal. L.R. 293(b). Local

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Rule 293(c) prescribes:

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In fixing an award of attorneys’ fees in those
actions in which such an award is appropriate, the
Court will consider the following criteria:

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(1) the
attorney(s);

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time

and

labor

required

of

the

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*

The caption has been amended in accordance with the dismissal
of Defendant’s Wachovia Bank FSB, Wachovia Mortgage Corp., Wells Fargo
Central Bank ETS Services, LLC, Regional Trustee Services Corp., and ND
Ex West, LLC. (ECF No. 46.)
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(2) the novelty and difficulty of the
questions presented;
(3) the skill required to perform the legal
service properly;
(4) the preclusion of other employment by the
attorney(s) because of the acceptance of the
action;
(5) the customary fee charged in matters of
the type involved;
(6) whether the fee contracted between the
attorney and the client is fixed or contingent;
(7) any time limitations imposed by the client
or the circumstances;
(8) the amount of money, or the value of the
rights involved, and the results obtained;
(9) the experience, reputation, and ability of
the attorney(s);
(10) the “undesirability” of the action;
(11) the nature and length of the professional
relationship between the attorney and the client;
(12) awards in similar actions; and
(13) such other matters as the Court may deem
appropriate under the circumstances.
Id. 293(c).

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Failure to comply with the local rule governing the filing of

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motions for attorney’s fees is a reason for denial of the motion. E.g.,

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McIntosh v. N. Cal. Universal Enters., Inc., No. CV F 07-1080 LJO GSA,

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2010 WL 3369848, at *7 (denying attorney’s fees motion when “moving

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declaration addresse[d] only the time spent by [the] attorneys, not the

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other criteria [in] Local Rule 293” and “supplemental reply declaration

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. . . offer[ed] brief, insubstantial comments to address the [Rule 293]

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criteria”); see also Johansson v. Wachovia Mortg., FSB, No. C 11-02822

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WHA, 2012 WL 2793204, at *1–2 (N.D. Cal. July 9, 2012) (“Defendant

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failed to comply with the local rules governing the filing of a motion

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for attorney’s fees. Thus, the motion is DENIED.”). Defendant attaches

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its attorney Leigh O. Curran’s declaration to its motion for attorney’s

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fees, but the declaration fails to address the criteria in Local Rule

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293(c) other than “the time and labor required of the attorney(s),” “the

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novelty and difficulty of the questions presented,” “the skill required
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to perform the legal service properly,” and “the experience, reputation,

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and ability of the attorney(s).” (Decl. of Leigh O. Curran ¶¶ 3–9, ECF

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No. 77-1.)

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For the stated reasons, Defendant’s motion for attorney’s fees

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is denied.

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Dated:

September 10, 2013

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GARLAND E. BURRELL, JR.
Senior United States District Judge

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