S.D. California cuts fee award 73.4%, including for missing contemporaneous records

What happened

The plaintiff sought $3,946.30 in attorney fees. The court awarded $1,050, a reduction of $2,896.30 or 73.4%. It declined fees for an unnamed research attorney because the requested hourly rate was not shown to be reasonable, and declined fees for tasks by unidentified administrative assistants. It also applied a 0.5-hour reduction to Mr. Riley's hours to address non-contemporaneous and duplicative billing.

What the court said

To mitigate the risks of non-contemporaneous and duplicative billing, the Court deems it appropriate to apply a 0.5-hour reduction in Mr. Riley's total hours

the Court declines to award fees for tasks completed by the unidentified administrative assistants.

The court also reduced the award for: duplicative staffing, other, duplicative staffing.

Why it matters

The ruling shows courts will reduce fees when time records are not contemporaneous and when billing does not identify who performed the work or distinguish clerical tasks from legal ones. It also shows that a fee applicant must support the requested hourly rate with evidence.

How to keep this out of your fee petition

• Record time the same day the work happens.
• Keep the original records, not only a cleaned-up summary.
• Be able to show when each entry was created.

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.