E.D. California cuts disability access fee award 16.5%, including for clerical work

What happened

The plaintiff sought $3,412.50 in attorney fees under the Americans with Disabilities Act. The court awarded $2,850, a reduction of $562.50 or 16.5%. It cut 1.5 hours as duplicative of work by attorney Chatila, covering a client meeting on the allegations and a conference on the site visit and case strategy. It also cut 2.25 hours of clerical tasks billed as legal work: filing the complaint and related documents, serving the summons and complaint, and preparing proofs of service.

What the court said

the following clerical tasks are not recoverable: filing Complaint and related documents (0.5); service of summons and Complaint (1.25); and preparing proofs of service (0.5))

The court also reduced the award for: duplicative staffing.

Why it matters

The ruling shows courts separate clerical tasks from legal work and disallow time for filing, service, and proof of service. It also shows courts will trim hours that duplicate another attorney's work, so time records should distinguish each lawyer's contribution.

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.