Trial Court Made Proper Allocation, and Chavez Was Dispositive Case Law.
Defendants appealed a trial court’s award of $143,861.87 in attorney’s fees to a plaintiff winning $22,625 on sexual harassment, assault and battery claims after a bench trial, even though plaintiff lost other claims and plaintiff’s fees were three times more that the defense fees. The lower court decided plaintiff would receive 25% of all fees expended, making an allocation for plaintiff’s sister not prevailing on any claims against defendant. No multiplier was awarded.
The appellate court affirmed the award in Tran v. Haralambus, Case No. B242575 (2d Dist., Div. 8 Sept. 4, 2013) (unpublished).
Not only did the lower court use discretion in fashioning an award, but the main defense argument–the lower court could not award fees because the damages award was below the unlimited civil jurisdictional threshold–was foreclosed by Chavez v. County of Los Angeles, 47 Cal.4th 970 (2010), which held trial judges have discretion to award fees even when the threshold is not met.