The Request Was $2.6 Million (Lodestar Plus 2.0 Positive Multiplier), With Lower Court Reducing Some Hourly Rates And Applying A Further 25% Reduction For Flawed Discovery Motions, Administrative Work, Travel Time, Block Billing, And Limited Success In A Case Where Plaintiff Won A $600,000 Emotional Distress Jury Verdict.
In Gallegos v. University of La Verne, Case No. B331648 (2d Dist., Div. 2 Sept. 3, 2026) (unpublished), plaintiff employee obtained a $600,000 jury verdict for past and future emotional distress in a California Family Rights Act (CFRA) and FEHA case, although only prevailing on 2 out of 8 claims. Plaintiff then sought around $2.6 million in attorney’s fees, consisting of a $1.3 million lodestar augmented by a positive 2.0 multiplier. Requested hourly rates were $1,200, $820, and $700 for senior attorneys $575 for a junior attorney; and a $200-plus range for legal assistants/paralegals. After the filing of a defense objection and reply papers, the lower court eventually found (after revising the tentative to increase the preliminary hourly rate cuts): (1) the hourly rates of the three senior attorneys needed to be trimmed, respectively, to $900, $600, and $600; and (2) work had to be reduced 25% across the board for discovery motions which were never filed, a frivolous discovery motion for which sanctions were imposed, administrative work by attorneys; attorney travel time; block billing, and limited success.
Plaintiff appealed, but the 2/5 DCA affirmed. The hourly rate was a matter to be decided based on the judge’s experience, with no abuse of discretion in the reductions occurring. On the other reductions, they too were justified based on the opposition, again no abuse of discretion.
BLOG COMMENT: The defense did a good job in categorizing the reductions and the totals for those reductions, which provided a roadmap for the lower court and the Court of Appeal, with the appellate court summarizing from one of the opposition declarations in rendering its opinion.