S.D. California cuts fee award 41.5%, including for reconstructed time

What happened

The fee applicant in Petconnect Rescue, Inc. v. Salinas et al requested $8,337.50 for 11.5 hours. Judge Daniel E. Butcher found the requested hourly rate unreasonable and set a lower reasonable rate, then calculated the award at that rate. The court also disallowed an estimated 4.0 hours because the estimate was not documented by time sheets or any other business record and no hearing was held. The court awarded $4,875 for 7.5 hours, a reduction of $3,462.50, or 41.5%.

What the court said

This estimate, however, is not documented by time sheets or any other business record, and the Court did not hold a hearing. ... The Court, therefore, disallows the estimated 4.0 hours.

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

Why it matters

The ruling shows that a fee applicant must support claimed hours with contemporaneous time records or other business documentation. An estimate of time, even one the court considers, can be disallowed entirely when no time sheets or hearing record back it up, and the rate and hours are reviewed separately.

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 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.