Civil Rights: Plaintiff Winning $14,107 In Sexual Harassment Bench Trial Obtained $128,947.50 In FEHA Fees

 

Los Angeles and Orange County Fee Rates Not Seen As That Divergent in Eyes of Santa Ana Appellate Panel.

     In Radwan v. Andaluz Bakery and Restaurant, Case No. G047180 (4th Dist., Div. 3 Feb. 7, 2014) (unpublished), plaintiff successfully sued a bakery/restaurant and other defendants for sexual harassment following a day bench trial. She was awarded a total of $14,107 for unpaid wages and emotional distress damages. Then, the lower court awarded her $128,947.50 in fees under FEHA, but not awarding a requested two times multiplier.

     The appellate court affirmed, in a 3-0 decision authored by Justice Ikola.

     Lead counsel, from Los Angeles, requested a $450 rate, which the defense challenged as unreasonable based on Orange County venued rates. The appellate court did not buy it: “And given the close proximity and economic affluence of both counties, it is not clear to us there is a significant difference [between L.A. and Orange County hourly rates under the circumstances].” Also, the hours spent on the case were not deemed excessive in nature.

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