Lodestar: $958,297 Fee Award, Inclusive Of A 1.5 Multiplier, Affirmed On Appeal

However, The Opinion Does Introduce Fuzziness On The Geographical Community For Lodestar Analysis Purposes.

               In Hoglund v. Sierra Nevada Memorial-Miners Hospital, Case No. C097065 (3d Dist. May 17, 2024) (partially published; fee discussion published), plaintiff won a case with FEHA claims against defendant, obtaining a $958,297, inclusive of a 1.5 multiplier, out of a request of $1,274,828.  Defendant appealed, arguing that the award improperly used Sacramento hourly rates when the case was litigated in Nevada County.  The Third District affirmed, holding that the lower court is not bound to the four corners of the county venue where the case was litigated.

               BLOG OBSERVATION—This opinion may create fuzziness to the general rule that the venue determines hourly rates, unless the requesting counsel can show there was unavailable, competent counsel in the venue such that out-of-venue counsel was necessary.  Although Hoglund cited PLCM Group, 22 Cal.3d at 1096, that case involves San Francisco counsel trying a case in Los Angeles, with the hourly rates very similar so that there was no real prejudice in using Bay Area rates.