Reductions Fell Within The Deferential Standard Of Review For Fee Requests Under The Record In The Case Where A Fee Request Was Perceived As Excessive.
The next case, Immigrants Rights Defense Council, LLC v. Sklar, Case No. B343410 (2d Dist., Div. 5 July 9, 2026) (unpublished), shows that even though a litigant gets beyond a fee entitlement obstacle, the lower court can still reduce the fee request, quite substantially, based on its perception that the request was excessive in nature.
In this one, plaintiff brought a complaint under the Immigration Consultants Act (ICA), which allows recovery of fees and costs to a prevailing party in a scheme regulating non-legal assistants providing immigration services. (Bus. & Prof. Code, § 22447.5(b).) Ultimately, defendants made a CCP § 998 offer which was accepted, subject to a later determination of fees and costs. Plaintiff sought $40,725, inclusive of a 1.5 positive multiplier, with a strong resistance coming from the defense on the requested fee amount. The lower court awarded a lower amount of $5,885.66, based on reductions for non-complexity, inefficiencies, and excessive work after giving the benefit of a $750 hourly rate. Even though the haircut was steep, the lower court’s explanation was detailed enough to justify the reduction. Fee award affirmed.