Cases: Civil Rights

Civil Rights/Private Attorney General: Whistleblowing Officer Retains Non-Economic Damages, Does Not Retain Economic Damages, And Does Not Get Attorney’s Fees Award

Cases: Civil Rights, Cases: Private Attorney General (CCP 1021.5)

Whistleblower Claim Alone Does Not Justify CCP § 1021.5 Fee Recovery.      In Hager v. County of Los Angeles, Case Nos. B238277/B239897 (2d Dist., Div. 3 Aug. 5, 2014) (unpublished) (opn. after rehearing), plaintiff whistleblower obtained $2 million in economic damages and $2.5 million in non-economic damages from a jury verdict. On appeal, the public […]

Civil Rights/Private Attorney General: Plaintiff Winning Mandate In Riverside County Termination Case Gets $99,665 In Fees Evaporated On Appeal

Cases: Civil Rights, Cases: POOF!, Cases: Private Attorney General (CCP 1021.5)

  Neither CCP § 1021.5 Nor 42 U.S.C. § 1988 Supported Fee Award.      In Rivera v. County of Riverside, Case No. E055956 (4th Dist., Div. 2 Aug. 1, 2014) (unpublished), plaintiff obtained mandate for an administrative hearing based on her termination by the County of Riverside under unusual factual circumstances, eventually leading to a

Allocation/Civil Rights/Reasonableness Of Fees: $73,160 Fee And $3,029.40 Costs Award Against Losing Civil Rights Plaintiff In Favor Of L.A. County Affirmed On Appeal

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

  30% Reduction of Fee and Costs Request Deemed Reasonable.      In Villafana v. County of Los Angeles, Case No. B246866 (2d Dist., Div. 4 July 30, 2014) (unpublished), civil rights plaintiff bringing FEHA/federal civil rights/California Family Rights Act/public policy violation claims lost a summary judgment to L.A. County based on the statute of limitations

Civil Rights: Winning Plaintiffs Obtain $717,642.74 In Fees And $106,852.20 In Costs After Winning $302,044.80 In State Pendent Claim Related To Civil Rights Claim Garnering Only $1

Cases: Civil Rights

  District Judge Surveys Law on Awarding Fees to Winning Civil Rights Plaintiff Really Prevailing Under State Pendent Claims.      Willis v. City of Fresno, Case No. 1:09-CV-01766-BAM (E.D. Cal., Doc. No. 316 7/17/14) is an interesting decision granting attorney’s fees and costs to counsel representing prevailing civil rights plaintiffs, although the plaintiffs got $1

Civil Rights: $53,704 Fee Award Against Losing FEHA Plaintiff Affirmed

Cases: Civil Rights

  Case Was Unreasonable/Without Foundation, and Trial Court Lowered Lodestar One Half Based on Plaintiff’s Ability to Pay.      FEHA plaintiff lost on a summary judgment motion, with the lower court finding that the case was unreasonable and without foundation from inception based on proof that there was objective basis for what the governmental entity

Civil Rights/Deadlines/Retainer Agreements: In A Wild One, FEHA Plaintiffs Garner $542,142.50 Fee/$10,642.50 Cost Award Despite Fee Motion Being Filed Two Years Down The Line

Cases: Civil Rights, Cases: Deadlines, Cases: Retainer Agreements

  Extraordinary Circumstances Justified Noncompliance With Deadlines, And Client/Attorney Agreement On How To Divide Statutory Fee Awards Did Not Violate Any Ethical Prohibitions.      Blythe v. County of Riverside, Case No. E055186 (4th Dist., Div. 2 July 16, 2014) (unpublished) is a wild FEHA fee/costs award case encompassing deadline, standing, and retainer agreement divisions of

Civil Rights/Reasonableness Of Fees: $579,400 Fee Award To Plaintiff Affirmed In FLSA Anti-Retaliation Suit

Cases: Civil Rights, Cases: Reasonableness of Fees

  Jury Verdict Was $50,000; District Court Awarded $579,400 in Fees Out of Requested $748,522.50.      When you are challenging an attorney’s fees award as too high in a civil case, you are running up a steep hill in order to surmount the deferential abuse of discretion review standard. Avila v. LAPD, Case No. 12-55931

Civil Rights/Reasonableness Of Fees: $224,675.71 Additional Fee Award In FEHA Case Affirmed Under Abuse Of Discretion Standard

Cases: Civil Rights, Cases: Reasonableness of Fees

  FEHA Plaintiff’s Counsel Offered 5% Duplication Discount and Trial Court Reduced Another 60% From Requested Amounts—Nothing More Needed.      Vargas v. Martinez-Senftner Law Firm, P.C., Case No. C069218 (3d Dist. June 5, 2014) (unpublished) was a losing defense appeal of a second lower court award of an additional $224,675.71 in fees to a winning

Civil Rights/Reasonableness Of Fees/Section 998: $30,000 Fees And Zero Costs To Plaintiff Accepting 998 Offer In Civil Rights Case No Abuse Of Discretion

Cases: Civil Rights, Cases: Reasonableness of Fees, Cases: Section 998

Plaintiff Wanted $93,421.50 in Fees and $7,609.19 in Costs.      Arguing that a lower court erred in fixing the amount of a fee award is a tough proposition given that a deferential abuse of discretion review standard applies. Plaintiff learned that all too well in Nickel v. ARB, Inc., Case No. G048500 (4th Dist., Div.

Civil Rights/Lodestar/Multiplier/Substantiation Of Reasonableness Of Fees: 88% Court Ordered Reduction In Civil Rights Fee Request Reversed

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

  Remanded To Decide If Multiplier Appropriate Upon Reversal of State Claim Giving Rise To Positive Enhancement.      The Ninth Circuit in Chaudhry v. Interfaith Communities United For Justice and Peace, Case No. 11-55820 (9th Cir. May 19, 2014) (published) is an interesting decision involving federal civil rights/attendant state law (CA Civil Code section 52.1)

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