Cases: Civil Rights

Civil Rights, Prevailing Party, Settlement, Special Fee Shifting Statutes: Stipulated Judgment To Enforce Settlement Had Post-Judgment Enforcement Language Carve-Out Allowing For Further Post-Enforcement Attorney’s Fees

Cases: Civil Rights, Cases: Prevailing Party, Cases: Settlement, Cases: Special Fee Shifting Statutes

Also, On Remand, Trial Judge Had To Determine If Plaintiffs Prevailed In Voting Rights Act Case; And, If So, Amount Of Further Fees To Be Awarded.                In Robles v. City of Ontario, Case No. G064119 (4th Dist., Div. 3 Nov. 6, 2024) (published; originally issued unpublished on October 24, 2024), plaintiffs alleged that defendants

Civil Rights: $55,414.84 Attorney’s Fees Award Under ADA Against Plaintiff’s Attorneys Reversed On Appeal, Although Plaintiff Dismissed A Website Action After Not Opposing A Summary Judgment Motion

Cases: Civil Rights

Appellate Court Concluded That ADA Statute’s Silence On Fee Award Against Plaintiff’s Attorneys Was Dispositive.                Statistically speaking, California state and federal courts (especially federal courts) are inundated with ADA disability lawsuits, many based on Website disabilities for disabled persons.  The next case establishes, as far as ADA claims are concerned, dismissals or judgments against

Civil Rights: The Price Of A Frivolous ADA Hotel Accessibility Action In Terms Of Attorney’s Fees—Plaintiff Was Hit With A $57,604.90 Adverse Fee/Costs Award

Cases: Civil Rights

Voluntary Dismissal Before Opposition To Summary Judgment Motion Did Not Do The Trick.                In Garcia v. Zarco Hotels Incorporated, Case No. B332298 (2d Dist., Div. 1 July 29, 2024) (unpublished), plaintiff brought an ADA suit challenging a hotel’s accessibility policies to enable disabled persons to determine whether the hotel’s common areas and room were

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

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