L.A. Counsel Rates Found Reasonable in Complex Imperial County Lawsuit.
One should keep in mind that, as an out-of-county attorney litigating in other venues, you should not assume your “native” hourly rates will not be honored in a subsequent fee motion after you have won. The next case solidifies that this may well happen in the right case, especially one that is complex in nature.
In Imperial Assets Mgt. v. Matthews Land, Inc., Case No. D054440 (4th Dist., Div. 1 Nov. 17, 2009) (unpublished), winning Los Angeles County-based counsel moved for an award of attorney’s fees based on his L.A. hourly rates in an Imperial County Superior Court action. The losing litigant opposing the fee request argued that the L.A. hourly rate was inappropriate for Imperial County. Not so, said the appellate panel. The Imperial County case was complex, justifying winner’s retention of out-of-town counsel, whose Los Angeles rates were to be used rather than the lower hourly rates earned in Imperial County. (Nichols v. City of Taft, 155 Cal.App.4th 1233, 1242-1243 (2007).)