Civil Rights/Section 1717 Two-Fer: Losing Plaintiff Hit With Substantial Fee Award In FEHA Case And Contractual Fee Award Reversed Due To No Contract With A Fees Clause

 

Gonzalez v. The Los Angeles Lakers, Case No. B265823 (2d Dist., Div. 4 Aug. 10, 2016) (Unpublished)—Civil Rights

     Nothing remarkable in this one, except that plaintiff lost a FEHA case and the appellate court affirmed a lower court’s discretionary award of fees because it deemed the case frivolous/unreasonable in nature. Plaintiff was socked with an adverse award of $121,547.58, reduced from a $340,156.38 request apparently based on plaintiff’s financial condition (which is a factor to consider in this area).

Lewin v. Goldman Sachs Mortgage Co., Case No. E062115 (4th Dist., Div. 2 Aug. 9, 2016) (Unpublished)—Section 1717

     Here, a prevailing defendant was awarded $95,637.50 under a contractual fees clause in a note and deed of trust. This award was reversed because the losing plaintiff was sued on a subsequent contract having no fees clause such that Civil Code section 1717 could not be used to create fee entitlement.

                        Mrs. Rob't Goldman

Mrs. Robert Goldman (Edith Ostend Jacobson) a chorus girl who married Robert J. Goldman, son of Henry Goldman of Goldman Sachs.  March 2, 1915. Robert Goldman sued his wife for divorce in March 1915.  Library of Congress.

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