E.D. California cuts fee award 43.1%, including for clerical work

What happened

The Law Offices of Thomas P. Riley sought $12,818.40 in fees. The court awarded $7,293.75, a reduction of $5,524.65 or 43.1%. It reduced the hourly rates, finding rates consistent with other courts in the district to be reasonable. It also declined to award fees for an administrative assistant's time, finding the tasks clerical and duplicative of the attorney's entries.

What the court said

the Court declines to award the administrative assistant’s fees given the clerical and duplicative nature of the tasks billed

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

Why it matters

The ruling shows courts will separate clerical tasks from legal work and will not pay for administrative time that repeats attorney entries. It also shows that hourly rates are tested against rates approved elsewhere in the same district.

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

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.