S.D. California cuts consumer protection fee award 69.2%, including for clerical work

What happened

The plaintiffs, represented by Strategic Legal Practices, APC, requested $70,400.50 in fees and costs. The court awarded $21,717.50, a reduction of $48,683.00 or 69.2%. The court deducted billing entries for unrelated claims from August 10, 2021, to January 12, 2023; 1.0 hour of Gibson's time as excessive; 0.5 hours from one entry; 5.1 hours for work on an initial discovery meet and confer letter; 0.1 and 0.6 hours for clerical work billed as legal work; 4.2 hours for fees on fees; and declined $4,500.00 in anticipated fees.

What the court said

The Court accordingly deducts only 0.1 hour from this billing entry.

The Court accordingly deducts this entry from Plaintiffs' fee award.

The court also reduced the award for: unrelated claims, excessive hours, other, other, fees on fees, fees on fees.

Why it matters

The ruling shows that courts will examine time entries line by line and reduce awards for work on unrelated claims, excessive hours, clerical tasks, and fees on fees. It also shows that anticipated fees may be denied entirely when not adequately supported.

How to keep this out of your fee petition

• Leave purely clerical work off the fee petition.
• Describe paralegal tasks so the substantive work is clear.
• Split mixed entries into their substantive and clerical parts.

Cite this ruling

See hourly rates the S.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.