N.D. California cuts commercial fee award 10%, including for clerical work

What happened

The fee applicant in Hateley v. Ford Motor Company asked for $42,900.50 in attorney fees. Judge Edward M. Chen awarded $38,610.45, a reduction of $4,290.05, or 10%. The court applied a 10% cut to the total fee, citing time entries that involved administrative tasks and some that were excessive for the work performed. The court also noted that five timekeepers was unusual for a relatively straightforward case and that the staffing produced some inefficiencies.

What the court said

some (though not all) involve administrative tasks, and some are excessive given the specific work conducted

The court also reduced the award for: excessive hours, duplicative staffing.

Why it matters

The ruling shows that courts will reduce a fee award when time records mix administrative tasks with legal work, even without a line-by-line audit. It also shows that staffing levels and the reasonableness of hours are weighed together with recordkeeping problems when a court sets a percentage cut.

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 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.