N.D. California cuts ERISA benefits fee award 4.5% over clerical work | LegalTime AI

N.D. California cuts ERISA benefits fee award 4.5% over clerical work

District Council 16 Northern California Health and Welfare Trust Fund et al v. Herron Painting Co., et al, No. 3:23-cv-00458. District Court, N.D. California, Judge Thomas S. Hixson. Decided . Read the opinion

Requested
$20,745
Awarded
$19,805
Cut
4.5%$940

ERISA benefits · ERISA

What happened

The fee applicant sought $20,745 in attorney fees under ERISA. The court awarded $19,805, a reduction of $940, or 4.5%. The court deducted 5.2 hours of paralegal work time because that work was clerical in nature and had been billed as legal work. No costs were included in the figures.

What the court said

Clerical work billed as legal work · $940
the Court deducts 5.2 hours of paralegal work time, amounting to a total deduction of $940.00

Why it matters

The ruling shows that courts will separate clerical tasks from legal work when reviewing time records, and will reduce the fee award by the value of the clerical hours even when the overall reduction is small.

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

District Council 16 Northern California Health and Welfare Trust Fund v. Herron Painting Co., No. 3:23-cv-00458 (N.D. Cal. May 29, 2025)

See hourly rates the N.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.

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