E.D. California cuts commercial fee award 34%, including for reconstructed time

What happened

Hemar, Rousso & Heald, LLP sought $3,152.50 in fees under a contract fee clause, based on 12.4 hours. The court awarded $2,080, a reduction of $1,072.50, or 34.0%, leaving 6.4 hours. It declined to credit 3.0 hours an attorney estimated for a pending motion because no evidence supported the estimate. It also excluded 3.0 hours tied to firm units that included the filing fee and service, rather than billed hours at the attorney rate.

What the court said

Although Mr. Ito anticipated 3 additional hours related to the pending motion (Doc. 12 at 3, ¶ 7), there is no evidence to support this estimate. The Court declines to speculate as to time related to this motion

The court also reduced the award for: other.

Why it matters

The ruling shows that a fee petition needs contemporaneous support for estimated time, and that courts will separate unit entries covering costs from billed hours when applying an hourly rate. Estimates without records and mixed unit entries can both reduce the compensable hours.

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.