Cases: Civil Rights – Page 16 – Cal Attorneys Fees

Civil Rights: Ninth Circuit Reverses Attorney’s Fees Under IDEA After Determining That Child Of Prevailing Parents Did Not Need Special Education Services

July 7, 2015

However, Appeals Court Decided That Longer Statute Of Limitations Applied To Attorney’s Fees Request As An Independent Claim Under IDEA. In the end, parents likely were sorely disappointed over the reversal of an attorney’s fees award for their Asperger’s Syndrome-suffering son under circumstances where he was entitled to the preparation of an Independent

Civil Rights, Costs: FEHA Costs Award Against Non-Prevailing Plaintiff Had To Be Remanded In Light Of Williams

June 27, 2015

Costs On Allocable Non-FEHA Claims Only Allowable To Defendants Outside Of Williams Standard. In Roman v. BRE Properties, Inc., Case No. B246841 (2d Dist., Div. 7 June 17, 2015) (published), prevailing defendant in a FEHA case was awarded $4,994.98 in routine costs in a case involving a FEHA claims and other non-FEHA claims

Civil Rights, Costs: Plaintiff Correctly Only Awarded Small Amount Of Requested Fees Based On Limited Success

Cases: Civil Rights, Cases: Costs

May 23, 2015

However, Striking Plaintiff’s Costs Had To Be Reconsidered Under Williams. Actually, Myres v. San Francisco Housing Authority, Case No. A141107 (1st Dist., Div. 5 May 20, 2015) (unpublished) may be more interesting for its decision on the costs issue versus the fee issue. On the fee issue, plaintiff did obtain about a

Civil Rights, Costs: Court Costs Are Not Automatic Against Losing FEHA Plaintiff, With Costs Only Justified Where Commencement/Prosecution Of Lawsuit Was Without Objective Basis/Frivolous/Unreasonable

Cases: Civil Rights, Cases: Costs

May 4, 2015

California Supreme Court Treats Attorney’s Fees And Costs Alike With Regard To Losing FEHA Plaintiffs. Our California Supreme Court, in Williams v. Chino Valley Independent Fire Dist., Case No. S213100 (Cal. Supreme Ct. May 4, 2015) (published), has decided that losing plaintiffs in FEHA cases should be treated alike with respect to a

Civil Rights, Substantiation: Attorney Billings To County Client Are Privileged Communications Exempt From Disclosure Under California Public Records Act Exemption

Cases: Civil Rights, Cases: Substantiation of Reasonableness of Fees

April 19, 2015

Ruling May Have Implications On Substantiation Submitted In Support Of Fee Petitions In California. In County of Los Angeles Board of Supervisors v. Superior Court (ACLU), Case No. B257230 (2d Dist., Div. 3 Apr. 13, 2015) (published), the ACLU sought law firm billing records (mainly invoices) sent by counsel to Los Angeles County

Civil Rights: Ninth Circuit Amends But Denies Rehearing In C.W. v. Capistrano Unified School District Case

Cases: Civil Rights

April 9, 2015

No Material Modifications in Amended Opinion. On March 6, 2015, we posted on C.W. v. Capistrano Unified School District, No. 12-57315 (9th Cir. Mar. 2, 2015) (published), which dealt with an attorney’s fees award in favor of school district and against plaintiff under various civil rights-oriented schemes, namely, IDEA, ADA, Rehabilitation Act, and

Civil Rights: $59,892 Fee Award Against Disabled Plaintiff In ADA Case Reversed

Cases: Civil Rights

March 25, 2015

Case Law Did Not Clearly Show Claims Were Without Foundation. In Kohler v. Bed Bath & Beyond of California, Nos. 12-56520 et al. (9th Cir. Mar. 24, 2015) (published), a disabled plaintiff lost a summary judgment on certain American with Disabilities Act (ADA) claims. The district judge then granted the defense, as prevailing

Civil Rights: $713,487 In Fees Awarded To Civil Rights Attorneys Successfully Challenging Los Angeles Ordinance Targeting Homeless Sleeping In Cars

Cases: Civil Rights

March 18, 2015

Some Reductions In Requested Fees Made By U.S. District Judge. In Desertrain v. City of Los Angeles, 754 F.3d 1147 (9th Cir. 2014), the Ninth Circuit invalidated, on constitutional grounds, a Los Angeles ordinance prohibiting use of cars as sleeping quarters, which the appeals court found was wrongfully targeted at the homeless.

Civil Rights, Discovery, Prevailing Party: Disabled Plaintiff Dismissing Suit, Where Defendant Eliminated Architectural Barrier After Filing Suit, Was Properly Not Exposed To Fee Recovery Under California Disabled Persons Act Fee-Shifting Provision

Cases: Civil Rights, Cases: Discovery, Cases: Prevailing Party

March 15, 2015

No One Prevailed in This Case, Both Trial and Appellate Courts Agreed, Under The Facts—But Prior Discovery Sanctions Award Did Survive. The California Disabled Persons Act (Civ. Code, § 54 et seq.) [DPA] does have a reciprocal fee-shifting provision in favor of a “prevailing party.” (Unlike the American with Disabilities Act [ADA], which

Civil Rights: Losing ADA Plaintiff’s Suit Was Not Frivolous Such That District Court’s Fee Denial Was Correct

Cases: Civil Rights

March 7, 2015

Plaintiff’s Case Resulted in Published Decision Clarifying “Equivalent Facilitation” Issue Which Had A Prior Split Result Between Two District Courts. Alice Roosevelt Longworth and Theodore Roosevelt, Jr., with men in wheelchairs. 1927. Library of Congress. Plaintiff, a disabled person using a wheelchair, sued defendant—running a retail clothing store “House of Flava”—under Title