E.D. California cuts consumer protection fee award 69.6%, including for vague entries

What happened

The fee applicant sought $23,607 in fees under the Fair Debt Collection Practices Act. The court awarded $7,178.50, a reduction of $16,428.50 or 69.6%. It halved or more the hours after January 2022 for discovery, fee motion practice, and scheduling, and made moderate cuts for drafting the complaint and fee motion. It also reduced the hourly rates to those approved in a similar case for the same firm, struck vague entries, and cut one hour from a block-billed entry.

What the court said

These entries are too vague to support a request for fees, and more specific descriptions would not have improperly disclosed privileged or confidential information.

The Court has also imposed a one-hour reduction on an block-billed entry for several tasks performed by an experienced attorney on September 13, 2022.

The court also reduced the award for: excessive hours, excessive hours, hourly rate reduced.

Why it matters

The ruling shows that a fee award can be reduced on several grounds at once, and that time entries lacking specific task descriptions may be disallowed even where detail would not have disclosed privileged or confidential information. It also shows courts may look to rates approved for the same firm in a similar case.

How to keep this out of your fee petition

• Name the task, the document or person involved, and the purpose.
• Avoid stock phrases that could describe any day in any matter.
• Keep privileged detail general, but specific enough to show the work.

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.