Cases: Civil Rights

Civil Rights, Sanctions: 4/3 DCA Reverses $98,852 Sanctions Award Under CCP § 128.7 After Concluding That Plaintiff Successfully Defeated Summary Judgment Motion On ADA And Related Claims

Cases: Civil Rights, Cases: Sanctions

For ADA/Disability Practitioners, A Disabled’s Successor May Have Standing To Pursue ADA And Related Claims For Injunctive Relief.                In Saurman v. Peter’s Landing Property Owner, LLC, Case No. G061561 (4th Dist., Div. 3 July 26, 2024) (published), the Court of Appeal reversed a summary judgment grant and $98,852 CCP § 128.7 sanctions award against […]

Civil Rights, Prevailing Party: Plaintiff Entitled to Prevailing Party Fees Under The California Voting Rights Act Of 2001

Cases: Civil Rights, Cases: Prevailing Party

Although Unintentional, School District Continued To Defend The Legality Of Its At-Large Elections Even Though Plaintiff Was Able To Show A Violation Of The Act, Obtain An Injunction, And Force Trustee-Area Election Based On Plaintiff’s Proposed Map.                Although the amount of the fee award is not mentioned, the 4/1 DCA affirmed the award in

Cases Under Review, Civil Rights: SCOTUS Will Review Whether Attorney’s Fees Are Available To A Civil Rights Plaintiff Obtaining A Preliminary Injunction Of Significance Before A Conclusive Merits Ruling Was Reached

Cases: Cases Under Review, Cases: Civil Rights

Cert Was Granted On April 22, 2024 In A Fourth Circuit Case.                In Lackey v. Stinnie, 77 F.4th 200 (4th Cir. 2023), the Fourth Circuit Court of Appeal in an en banc opinion held that a civil rights plaintiff winning a preliminary injunction, but not securing a final judgment, might be a prevailing party

Civil Rights, Private Attorney General: Plaintiff’s Obtaining Of Prior Mandamus Relating To Her Nursing License Did Not Mean She Was Entitled To Private Attorney General Or Civil Rights Fees

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

Her Win Did Not Benefit A Large Class Of Persons, And Her Mandamus Writ Petition Was Not Litigated As A Federal Civil Rights Claim.             In Valencia v. Board of Registered Nursing, Case No. A164976 (1st Dist., Div. 4 Oct. 30, 2023) (unpublished), plaintiff obtained a mandamus petition win vacating certain discipline imposed by defendant

Civil Rights: City Of South Gate Garners $29,000 In Attorney’s Fees For Frivolous Civil Rights Suit From L.A. District Court Judge

Cases: Civil Rights

Partial Fee Request Granted Because Plaintiff’s Counsel Admitted Prosecution Of The Case Successfully Was Not Possible At A Definite Point In The Case.             Under 42 U.S.C. §1988, a district judge, in his or her discretion, may award attorney’s fees to a prevailing defendant where the court finds plaintiff’s claims to be frivolous, unreasonableness, or

Civil Rights, Section 998: Summary Judgment Winning Defendants Properly Denied FEHA Attorney’s Fees And Routine Costs Because Case Was Not Frivolous

Cases: Civil Rights, Cases: Section 998

Also, FEHA And Non-FEHA Claims Overlapped Such That Costs Recovery Was Foreclosed.             In Liza v. CKE Restaurant Holdings, Case No. B313111 et al. (2d Dist., Div. 2 Sept. 25, 2023) (unpublished), defendant won a summary judgment against plaintiff’s FEHA and non-FEHA claims, although they did overlap.  The lower court later denied the defense request

Civil Rights, Costs: Prevailing ADA Defendant Entitled To Costs Under F.R.Civ.P. 54(d)(1) Even If The Matter Was Not Frivolous

Cases: Civil Rights, Cases: Costs

Majority Opinion Followed Marx Decision; Dissent Would Have Followed A Contrary Pre-Marx Decision Despite Indicating The Result Might Be The Same.             In Garcia v. Gateway Hotel, L.P., Case No. 21-55926 (9th Cir. Sept. 15, 2023) (published), the Ninth Circuit, in a 2-1 opinion, clarified that defendants prevailing in an American with Disabilities Act (ADA)

Civil Rights, Lodestar, Multipliers: 4/3 DCA Affirms Majority Of $4.053 Million Civil Rights Fee Award To Prevailing Plaintiff, Remanding Solely For A Study Of Hourly Rates Submitted By Three Attorneys

Cases: Civil Rights, Cases: Lodestar, Cases: Multipliers

Case Has Interesting Discussions of Civil Rights Lodestar, Multipliers, Hourly Rate Review, and Pro Hac Vice Delayed Admission Principles.             Presiding Justice O’Leary authored Nachtrieb v. County of Orange, Case No. G060294 (4th Dist., Div. 3 Aug. 11, 2023) (unpublished), which is a must read for civil rights litigators when it comes to supporting and

Civil Rights: Class Action Counsel Awarded Over $400,000 In Attorney’s Fees After Settling Constitutional Challenges To Mississippi’s Sodomy Law

Cases: Civil Rights

Fifth Circuit Decision Demonstrates A Smart Move By Class Counsel And How District Judges Will Reduce Lodestar Requests For Clerical Work, Partial Success, And Work On Unsuccessful Motions.             In Doe v. Fitch, No. 22-60481 (5th Cir. Apr. 11, 2023) (per curiam; unpublished), the Fifth Circuit Court of Appeals was reviewing a district court’s award

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