E.D. California cuts consumer protection fee award 59.6%, including for clerical work

What happened

The plaintiff in a Fair Debt Collection Practices Act case asked for $16,166.25 in attorney fees for 34.7 hours. The court awarded $6,522.50, a reduction of $9,643.75 or 59.6%. It set lower reasonable hourly rates for the three attorneys than those requested. It also reduced one attorney's billed time by 8.1 hours and another's by 0.9 hours because clerical work had been billed as legal work.

What the court said

recommends reducing Mr. Hakimian's billed time by 8.1 hours and reducing Ms. Cody's billed time by 0.9 hours

The court also reduced the award for: hourly rate reduced.

Why it matters

The ruling shows that courts will adjust both rates and hours on a fee petition. Time spent on clerical tasks, even when recorded, may be cut from the compensable total, and the court will set its own reasonable rates rather than accept those requested.

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 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.