Cases: Civil Rights

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 June 5, 2014) (unpublished) was a losing defense appeal of a second lower court award of an additional $224,675.71 in fees to a winning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)

Civil Rights: 2/5 DCA Agrees With 2/8 DCA That Prevailing FEHA Defendant Cannot Recoup Expert Witness Fees Unless Case Was Frivolous, Unreasonable, Without Foundation, Or Brought In Bad Faith

Cases: Civil Rights

  2/5 Does So in Unpublished Decision.      In Madenlian v. State of California, Case No. B233898 (2d Dist., Div. 5 May 13, 2014) (unpublished), the 2/5 DCA agreed with its colleagues on 2/8 DCA that expert witness fees cannot be awarded to a prevailing FEHA defendant unless the discrimination action was frivolous, unreasonable, without

Civil Rights/Multiplier: Plaintiffs’ Attorneys In Fairfield Wrongful Citizens Right Arrest Garner $308,221.80 Fee Award Despite Limited Success In Civil Rights Case

Cases: Civil Rights, Cases: Multipliers

  E.D. Cal. Federal Magistrate Judge Applied 40% Downward Adjustment Based on Limited Success.      Hall v City of Fairfield, Case No. 2:10-cv-0508 DAD (E.D. Cal. Doc. No. 227 Mar. 31, 2014 [order granting attorney’s fees]) is a tutorial on principles governing award of attorney’s fees in the civil rights area under 42 U.S.C. §

Civil Rights/Costs/Lodestar: FEHA Winning Plaintiff Entitled To Almost $88,500 In Costs, But Trial Court Utilized Incorrect Lodestar Analysis On Reasonable Hourly Rate And Determining Hours Worked When Awarding $484,687.50 Out Of Requested $1,675,627.50

Cases: Civil Rights, Cases: Costs, Cases: Lodestar

  Matter Remanded for Re-fixing of Fees Award.      Plaintiff winning a California Family Rights Act, some FEHA, and two common law claims—obtaining a jury verdict of $287,400–moved to recover about $95,000 in routine costs and $1,675,627.50 in fees enhanced by a 2.0 positive multiplier for well over $3 million in requested fees. The trial

Appealability/Civil Rights/Costs: Trial Court’s Reduction Of Some Costs Items Showed It Did Credit Ability To Pay When Assessing Costs Against Non-prevailing FEHA Plaintiff

Cases: Appealability, Cases: Civil Rights, Cases: Costs

  DCA Also Addressed Some Special Costs Items in the Process; Sustained Cost Award Assessed Against Counsel When Counsel Did Not Appeal.      Losing plaintiff in a FEHA case appealed after the lower court ordered that $34,906.12 in routine costs be paid by her (out of a requested $54,667.39).      Her challenges to the award

Civil Rights: Sixth District Finds Absence Of Rosenman Written Findings In FEHA Defense Fee Recovery Case Does Not Give Rise To Automatic Reversal

Cases: Civil Rights

  Here, Oral Findings Showed Court Justified Awarding Fees to the Defense.      Plaintiff, an American Indian, brought a FEHA/breach of contract/breach of implied covenant case against Stanford University, being nonsuited on the FEHA count (after the trial judge found he only had his own subjective opinion that racial discrimination occurred) and suffering an adverse

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