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

What happened

BMO Bank N.A. sought attorney fees under a contract fee clause, with Hemar, Rousso & Heald, LLP as counsel. The court awarded fees for 6.4 hours rather than the 12.4 hours requested. It declined to include 3 hours that counsel estimated for a pending motion because no evidence supported the estimate, and it excluded 3 hours that reflected firm units covering the filing fee and service rather than billed attorney time. The court did not state dollar totals.

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 records supporting each hour. Estimates of anticipated work and billing units that mix costs with attorney time may be excluded, even where the total hours are modest.

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.