E.D. California cuts intellectual property fee award 64.7%, including for vague entries

What happened

The fee applicant in Renova Energy Corp. v. Cuevas et al requested $25,661 in attorney fees. Judge Erica P. Grosjean awarded $9,065, a reduction of $16,596 or 64.7%. The court reduced the hourly rate to one within the range for attorneys with similar experience, excluded fees for entries whose descriptions did not show the work performed, found a sizeable amount of the fees sought unrelated to the case, and took potential duplicate work into consideration in the award.

What the court said

will exclude fees for all such entries where the description is insufficient to show that the work

The court also reduced the award for: hourly rate reduced, unrelated claims, duplicative staffing.

Why it matters

The ruling shows that a fee award can be cut on several grounds at once, and that entries too vague to show the work performed may be excluded entirely rather than trimmed. It also shows courts will adjust the hourly rate and account for duplicative staffing when reviewing a fee petition.

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.