Cases: Civil Rights

In The News . . . . N.D. Cal. District Judge Approves $5.175 Million Fee Award In ADA Class Action

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

  Settlement Involved ADA Compliance Relief, No Monetary Benefits to ADA Patrons.      Wheelchair ramp at Minneapolis Federal Building.  Carol M. Highsmith, photographer.  2012.  Library of Congress.      Moeller v. Taco Bell Corp., Case No. 4:02-cv-05849-PJH (N.D. Cal.) is a long-running ADA class action brought against Taco Bell, with the case alleging scooter-bound and wheelchair-bound

Civil Rights/Lien For Attorney’s Fees: Nunc Pro Tunc Order Directing Payment Of FEHA Fee Award To One Set Of Plaintiffs’ Attorneys No Abuse Of Discretion

Cases: Civil Rights, Cases: Liens for Attorney Fees

  Trial Judge Did Not Resolve Attorney’s Lien Claim Brought by Estate of Another Deceased Plaintiffs’ Attorneys, So No Prejudice.      Marcisz v. Ultrastar Cinemas, Case No. D063902 (4th Dist., Div. 1 Aug. 29, 2014) (unpublished) involved two sets of FEHA attorneys moving to recover fees after successfully prosecuting a sexual harassment for four plaintiffs.

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 B238277/B239897 (2d Dist., Div. 3 Aug. 5, 2014) (unpublished) (opn.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      In Rivera v. County of Riverside, Case No. E055956 (4th Dist., Div. 2 Aug. 1, 2014) (unpublished), plaintiff obtained mandate for an administrative hearing based on her termination by the County of Riverside under unusual factual circumstances, eventually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

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