N.D. California cuts ERISA benefits fee award, including for clerical work

What happened

Woo's counsel sought ERISA fees in the case against Kaiser Foundation Health Plan Inc. Judge Rita F. Lin awarded Suen's work at a reduced hourly rate and lowered the rates for Malone, Milder, and Engel Ojeda. The court excluded 5 hours spent preparing an amended complaint that was never filed, applied a 40% reduction to the form of judgment entries for limited success, and denied fees for 2.80 hours preparing time records and 1.90 hours creating exhibits as clerical work.

What the court said

Fees will thus not be awarded for the 2.80 hours spent to 'Prepare time records' and 1.90 hours spent to 'Create exhibits.'

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

Why it matters

The ruling shows courts will separate clerical tasks from legal work when reviewing time records, and will deny fees for entries like preparing time records and creating exhibits. It also shows that rate reductions and success-based cuts can combine with recordkeeping exclusions, so the time records alone do not determine the final award.

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.