San Diego County Credit Union v. Citizens Equity First Credit Union

Filing 395

ORDER Directing SDCCU to Provide Second Supplemental Declaration. Signed by Judge Gonzalo P. Curiel on 11/30/21.(dlg)

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UNITED STATES DISTRICT COURT

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SOUTHERN DISTRICT OF CALIFORNIA

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SAN DIEGO COUNTY CREDIT
UNION,

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ORDER DIRECTING SDCCU TO
PROVIDE SECOND
SUPPLEMENTAL DECLARATION

Plaintiff,

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Case No.: 18cv967-GPC(RBB)

v.
CITIZENS EQUITY FIRST CREDIT
UNION,
Defendant.

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In the supplemental briefing on SDCCU’s motion for attorneys’ fees, CEFCU

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objects to the declaration of Jesse Salen arguing he has no personal knowledge of what

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amount of time each attorney devoted to the tasks identified in the billing record and no

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evidence to support the apportionment for certain entries. (Dkt. No. 386 at 9-10, 16.)

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SDCCU responds that it has provided admissible evidence based on its billing records.

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(Dkt. No. 390 at 4 (citing Gonzalez v. City of Maywood, 729 F.3d 1196, 1202 (9th Cir.

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2013) (“[T]o determine whether attorneys for the prevailing party could have reasonably

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billed the hours they claim to their private clients, the district court should begin with the

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billing records the prevailing party has submitted.”).)

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18cv967-GPC(RBB)

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Mr. Salen provides a declaration stating that he has attached a redacted copy of the

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invoices for professional services charged to SDCCU, (Dkt. No. 385-2, Salen Decl. ¶ 6),

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yet provides no foundation or admissibility for the underlying invoices or billing records.

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See Padgett v. Loventhal, No. C 04-03946 JW, 2007 WL 3071031, at *1 (N.D. Cal. Oct.

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19, 2007) (“bills and invoices from an attorney are business records within the meaning

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[of Federal] Rule [of Evidence] 803(6) and are admissible by a party to prove that party's

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attorney fees.”) (citing MRT Const. Inc. v. Hardrives, Inc., 158 F.3d 478 (9th Cir. 1998)).

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To the extent that SDCCU can provide such information, it shall file a supplemental

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declaration on or before December 2, 2021.

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IT IS SO ORDERED.

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Dated: November 30, 2021

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18cv967-GPC(RBB)