Cases: Civil Rights

Civil Rights:  Plaintiff Losing Statute Of Limitations Argument On FEHA Claim Properly Not Assessed With Adverse Fee Award

Cases: Civil Rights

Plaintiff Did Not Attempt To Replead Certain Claims In Amended Complaint And Defense Failure On CCP § 128.5 Sanctions Motion May Have Salted Away The Result.             “Pocketbook”, a concern in many civil rights fee-shifting cases, may be helped by subsequent efforts of a civil rights plaintiff and unsuccessful sanctions efforts by the defense.  Figueroa-Manjung […]

Civil Rights/Settlement:  Plaintiff Accepting $1,000 In Rule 68 Offer Entitled To Some Amount Of Fees Under Contract Principles

Cases: Civil Rights, Cases: Settlement

District Judge Erred In Denying Any Fees Based On Incorrect Civil Rights Fee-Shifting Analysis.             In Miller v. City of Portland, No. 14-35783 (9th Cir. Aug. 22, 2017) (published), a civil rights plaintiff accepted a defense Rule 68 offer for $1,000 with reasonable attorney’s fees to be determined by the district court.  After plaintiff moved

Civil Rights/Costs/Section 998: Plaintiff Failing To Beat 998 Offer In FEHA/POBRA Case Was Liable For $90,387.28 In Costs

Cases: Civil Rights, Cases: Costs, Cases: Section 998

Policies Of Both FEHA Cost Shifting And 998 Cost Shifting To Be Considered By Trial Courts, But 998 Resolution Policies Prevailed In This One.             Sviridov v. City of San Diego, Case No. D069785 (4th Dist., Div. 1 July 28, 2017) (unpublished) is an interesting case where a terminated police officer failed to beat several

Civil Rights: Plaintiff In Unruh Act Case Not Allowed Fee Recovery For Fees Expended In Prior Federal Action Dismissed As Moot Based On Parking Lot Fixes

Cases: Civil Rights

Plaintiff Sought $36,022, But Was Only Awarded $4,380 In Costs And Fees.             Even in the civil rights areas, looks like a lot of cases come down to attorney’s fee rulings.  Turner v. Anand, Case No. D070433 (4th Dist., Div. 1 July 13, 2017) (unpublished) illustrates this well.             There, plaintiff sued defendant in state

Civil Rights, Costs, Prevailing Party, Undertaking: Plaintiff’s Win Under Patient’s Rights Health And Safety Code Scheme Resulted In Substantial Fee Award, But Other Expert Fee Awards And Need For Appellate Undertaking Rulings Reversed As To Defense

Cases: Civil Rights, Cases: Costs, Cases: Prevailing Party, Cases: Undertaking

  Panoply Of Issues Faced In This Decision.       In Lemaire v. Covenant Care California, LLC, Case No. B266493 (2d Dist., Div. 6 Feb. 27, 2017) (unpublished), plaintiff filed a complaint based on wrongful death, elder abuse, and “patients’ rights” violations under Health and Safety Code section 1430(b) for treatment of her mother in a

Civil Rights:  Special Education Code Fee-Shifting Statute Allows Reasonable Fee Award, Not Necessarily Limited To Attorney-Client Contingency Fee Arrangement

Cases: Civil Rights

Education Code Section 44944(f)(2) Was At Issue.             In Walent v. Commission on Prof. Competence of the LAUSD, Case No. B266265 (2d Dist., Div. 7 Feb. 21, 2017) (unpublished), petitioner successfully challenged her dismissal from employment from the L.A. Unified School District.  Education Code section 44944(f)(2) allowed her to seek “reasonable attorney’s fees incurred by

Civil Rights/Lodestar: Trial Court Award Of Fees Under Section 1983 Reversed And Remanded For Impermissible Double Deduction From Lodestar And Failure To Consider Limited Success In Calculating Fees On Fees

Cases: Civil Rights, Cases: Lodestar

  Also, Costs Improperly Excluded From Fee Calculus As Permitted Under § 1983.     The Third District in Clapp v. Terry, Case No. C076562 (3d Dist. Nov. 23, 2016) (unpublished) is an important primer on the proper methodology to be used when awarding lodestar fees, fees on fees, and costs in civil right cases to

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