Cases: Civil Rights

Civil Rights: Plaintiff Employer Denied Fees Against Labor Commissioner Under Civil Rights Statute Because Plaintiff’s Due Process Rights Were Not Violated

Cases: Civil Rights

  No Showing Of Bad Faith In Labor Commissioner’s Position on Employment Issue.      In Happy Nails & Spa of Fashion Valley v. California Labor Commissioner, Case No. D067391 (4th Dist., Div. 1 Apr. 25, 2016) (unpublished), a plaintiff ultimately prevailing on an employee/independent contractor classification issue sought to recover attorney’s fees from the Labor […]

In The News/Civil Rights . . . . Bikram Choudhury Ordered To Pay $1.1 Million Fees After Losing Sexual Harassment Suit Against Ex-Legal Advisor

Cases: Civil Rights, In The News

  Requested Amount By Plaintiff’s Attorney Was $2.9 Million.     On April 8, 2016, Los Angeles County Superior Court Judge Mark Mooney determined that Bikram Choudhury, a well known yoga pioneer, owed $1.1 million in attorney’s fees after a jury found that he was liable for $7.4 million on claims he wrongfully terminated and sexually

In The News . . . . ADA Class Action Settlement With City Of Los Angeles Gains Preliminary Approval

Cases: Civil Rights, Cases: Class Actions, In The News

  $1.367 Million Expenditures Over Thirty Years On Public Areas, With $13.3 Million In Fees And $1.7 Million To Class Counsel.     On February 9, 2016, U.S. District Judge Consuelo B. Marshall of the Central District of California gave preliminary approval to a substantial American with Disabilities Act class action settlement by which the City

Civil Rights/Costs: Modest $15,000 FEHA Fee Award Against Plaintiff Affirmed, But Adverse Costs Award Remanded For Redetermination Based On Williams Decision

Cases: Civil Rights, Cases: Costs

  Williams Is Found To Be Retroactive To Cases Pending On Appeal.     Plaintiff lost FEHA/non-FEHA claims, both found to be interrelated, through a summary judgment motion.  After that, the trial judge found the case to be meritless, awarding defendants a modest fee award of $15,000 after considering plaintiff’s ability to pay (with the defense

Civil Rights: District Court’s Denial Of § 1988 Fees To Civil Rights Plaintiff Obtaining Expansion Of Laguna Beach’s Public Amplification Restrictions Was Reversed

Cases: Civil Rights

  Simply Because Plaintiff Only Obtained $1 In Damages Did Not Diminish His Forward-Looking Conduct Success In The Case.      In Klein v. City of Laguna Beach, No. 13-56973 (9th Cir. Jan. 14, 2016) (published), plaintiff brought an as-applied civil rights challenge to Laguna Beach’s ordinance containing restrictions on the use of amplification devices on

Lodestar/Civil Rights: Sixth District Reverses Civil Rights Fee Award, 80% Of Requested Amount, Based On Trial Judge’s Failure To Provide A Meaningful Explanation Of The Reduction

Cases: Civil Rights, Cases: Lodestar

  Court of Appeal Applies Ninth Circuit’s Gates And Moreno Decisions.            Getting a haircut.  Camp Shelby.  1941.  William Perlitch, photographer.  Library of Congress.    Kerkeles v. City of San Jose, Case No. H040915 (6th Dist. Dec. 18, 2015) (published) is a significant 2015 end-of-the year decision, where an appellate court adopted the Ninth Circuit’s

Civil Rights: $870,720.63 Fee Award To Winning FEHA Plaintiff Affirmed On Appeal Where $749,999 In Compensatory Damages Awarded By Jury

Cases: Civil Rights, Cases: Multipliers

  1.25 Multiplier Sustained; Reversal of One Intertwined Retaliation Claim Did Not Require Reconsideration Of Fee Award. William A. Offutt, winner of adding machine operators contest, 1937.  Library of Congress.     In Warehime v. Farmers Ins. Exchange, Case No. F068843 (5th Dist. Dec. 15, 2015) (unpublished), plaintiff brought a four-count FEHA inspired suit against Farmers,

Civil Rights, Employment, Family Law, Probate, Settlement: Four Unpublished “Power Ball” Post

Cases: Civil Rights, Cases: Employment, Cases: Family Law, Cases: Probate, Cases: Settlement

  Meyer v. Brown, Case No. D066226 (4th Dist., Div. 1 Oct. 14, 2015) (Unpublished)—Family Law.     In this one, after an evidentiary hearing in which the court dismissed a domestic violence restraining order (DVRO), the prevailing party recovered $7,500 out of a requested $15,800 in fees.  The fee-assessed, losing party appealed, but to no

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