E.D. California cuts fee award 10% over vague entries

What happened

Counsel in DeMartini v. DeMartini requested $247,263.25 in fees. The Hon. Daniel J. Calabretta awarded $222,536.93, a reduction of $24,726.32, or 10%. The court applied a small 10% reduction to the claimed fees to account for vague entries that may not correspond to fees for the common benefit and that were missed in counsel's review. The figures do not include costs.

What the court said

the Court will impose a small 10% reduction to counsel's claimed fees to account for any vague entries that may not correspond to fees for the common benefit and that were missed in counsel's review

Why it matters

The ruling shows that a court may apply a percentage cut to the entire fee request when time entries are too vague to confirm they benefited the common fund, even without an hour-by-hour review.

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.