E.D. California cuts civil rights fee award 13.5%, including for clerical work

What happened

The plaintiffs sought $40,768.15 in fees under 42 U.S.C. § 1988 for 70 hours. The magistrate judge recommended awarding $35,246.25 for 63 hours, a reduction of $5,521.90 or 13.5%. The court applied three 10% cuts to total hours: for clerical work billed as legal work, for entries on a related criminal matter and discussions with prosecutors and criminal counsel, and because billing records were not clearly totaled and summed hours by category were not provided. The court also reduced the hourly rates for Ms. Bertrand and her paralegals.

What the court said

A review of the attached billing records (Doc. 19-3 at 1-18) suggests inclusion of improper tasks billed by paralegals and legal assistants, such as clerical work

though Plaintiffs' counsel has provided billing records, the amounts listed are not clearly totaled, nor are total summed hours provided by category

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

Why it matters

The ruling shows that a fee petition can lose a percentage of hours when time records mix clerical tasks with legal work, include unrelated matters, or lack clear totals and category sums. Courts examine the billing records themselves and apply percentage cuts rather than line-by-line exclusions.

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.