Defense Had Asked For $325,584, But Trial Judge Carefully Considered “Pocketbook” Factor. Not all defense motions against plaintiffs for filing/prosecuting a frivolous FEHA claim result in a nothing fee award. Raseknia v. County of Los Angeles, Case No. B271912 (2d Dist., Div. 2 June 27, 2018) (unpublished) illustrates this, although trial judges usually will […]
Dissenting Circuit Judge Believed That Not Adhering To Local Rule Suggestions Would Lead To Potential Abuse. The Ninth Circuit, in Vogel v. Harbor Plaza Center, LLC, No. 16-55229 (9th Cir. June 25, 2018) (published), visited the issue of how attorney’s fees in an American with Disabilities Act (ADA) case should be handled in an
Costs Award Affirmed, But Fee Award Remanded For A Further Re-Do. In Hernandez v. Starbucks Coffee Co., Case Nos. H042848/H043393 (6th Dist. June 20, 2018) (unpublished), plaintiff successfully sued Starbucks for Unruh Act accessibility barrier discrimination at a San Jose store. Plaintiff was awarded statutory damages of $4,000 (although not winning all accessibility claims)
Prison Litigation Reform Act Did Not Cap Unruh Act Fee Recovery. In Rodriguez v. County of Los Angeles, No. 13-56292 et al. (9th Cir. May 30, 2018) (published), the Ninth Circuit reviewed and affirmed 42 U.S.C. § 1983 excessive force verdicts of $740,000 in compensatory damages and $210,000 in punitive damages (the latter against
Only A Quarter Of Fee Request Awarded. Mariano v. United Parcel Service, Inc., Case No. D071055 (4th Dist., Div. 1 May 21, 2018) (unpublished) was a situation where a trial judge eventually found plaintiff’s associational disability discrimination theory was deficient because plaintiff had no specific relationship with a disabled person or and no such association
Multiplier Is Not Automatic, So Reversed To Consider Proper Factors On Appeal. In Campos v. Kennedy, Case Nos. B266663/B268812 (2d Dist., Div. 2 Feb. 13, 2018) (unpublished), plaintiff won a $225,000 compensatory verdict under civil rights fee shifting provisions for sexual battery. Later, the trial court awarded plaintiff $ 2,924,830 in statutory fees, but
$17,945 Fee Award Overturned Because No Bad Faith/Lack Of Reasonable Cause Even Though Case Was Found To Lack Ultimate Merit. In Delgado v. County of Los Angeles, Case No. B271913 (2d Dist., Div. 5 Feb. 13, 2018) (unpublished), County defensed an ex-employee’s FEHA harassment/retaliation claims through a summary judgment motion, with the trial judge
Opinion Affirmed Fee Denial To Losing FEHA Plaintiff Only Obtaining One Favorable Vote On Jury Special Verdict. In a December 22, 2017 post, we discussed Bustos v. Global P.E.T., Inc., a Fourth District, Division 2 unpublished decision affirming a denial of FEHA fees to a plaintiff who obtained a favorable vote on one jury
Whole Panel Will Now Hear EAJA Fee Recovery Dispute. In our September 8, 2016 post, we discussed Ibrahim v. U.S. Department of Homeland Security, 835 F.3d 1048 (9th Cir. 2016), where the Ninth Circuit reversed and remanded the district court order settling the amounts of fees and costs under EAJA to be awarded to
However, Plaintiffs’ Answering Brief On The Merits Fee Request Was Properly Denied. In Ortega v. USA/Maricopa County/Sheridan, No. 16-16663 (9th Cir. Jan. 4, 2018) (published), Plaintiffs obtained an injunction against Maricopa County in a civil rights case. Mr. Sheridan, a now-retired employee of Maricopa County, appealed from a district court’s finding that he committed
