30% Reduction of Fee and Costs Request Deemed Reasonable.
In Villafana v. County of Los Angeles, Case No. B246866 (2d Dist., Div. 4 July 30, 2014) (unpublished), civil rights plaintiff bringing FEHA/federal civil rights/California Family Rights Act/public policy violation claims lost a summary judgment to L.A. County based on the statute of limitations and other bases. L.A. County then brought a motion to recover fees of $97,741.50 and $4,165 in costs under FEHA on the ground that plaintiff’s claims were without foundation, unreasonable, and completely baseless, a fee-shifting entitlement basis under Government Code section 12965(b).
The lower court eventually awarded County $73,160 in fees and $3,029.40 in costs, determinations affirmed on appeal.
Plaintiff primarily argued that the statute of limitations argument was not baseless, relying on Moses v. Phelps Dodge Corp., 826 F. Supp. 1234 (D. Ariz. 1993) for its position in arguing fees should not have been awarded. The problem here is that the summary judgment was not based solely on SOL grounds, but also merits grounds as well. Plaintiff presented no evidence other than subjective belief to show that he was unable to perform his essential job duties. Attorney’s fees were also justified under the federal civil rights statute, 42 U.S.C. section 1988(b).
No allocation was necessary because the issues all overlapped.
However, the lower court showed good judgment by reducing the fee and costs request by 30%, although rejecting the argument that $155 per hour was an unreasonable rate for L.A. attorneys (and expressing the view it was too low, but not adjusting it anyway). The 30% reduction by the lower court for padded time seemed to influence the appellate court as far as reasonableness of the ultimate award, buttressed by plaintiff’s failure to make any particularized objections to the fee submissions.
Last, plaintiff’s general plea of inability to pay did not go very far given the failure to provide an evidentiary basis for the argument. (Villanueva v. City of Colton, 160 Cal.App.4th 1188, 1204 (2008).)