E.D. California cuts commercial fee award 22.2% over reconstructed time

What happened

Hemar, Rousso & Heald, LLP, counsel for the fee applicant, requested $4,387.50 for 13.5 hours under a contract fee clause. The court awarded $3,412.50 for 10.5 hours, a reduction of $975.00, or 22.2%. The court excluded 3 hours that counsel estimated for a pending motion because no evidence supported the estimate. The figures do not include costs.

What the court said

Although Mr. Ito anticipated 3 additional hours related to the pending motion (id. at 3, ¶ 7), there is no evidence to support this estimate.

Why it matters

The ruling shows that a fee petition must document time with evidence, not estimates. Even a small number of projected hours can be cut entirely when the record does not support them, so counsel should tie each entry to contemporaneous records.

How to keep this out of your fee petition

• Track time from the first day, even in matters you expect to be contingent or fee-shifting.
• If you must reconstruct time, say so and explain the sources.
• Do not round or estimate to fill gaps.

Cite this ruling

See hourly rates the E.D. California approves and attorney fee motions in California federal courts.

Figures and quotes are taken from the opinion and checked against its text. Spot an error? Email team@legaltime.ai with the case name and we will correct it. Summaries of public court opinions. Not legal advice.