Cases: Civil Rights

Civil Rights/Expert Witness Costs: Losing FEHA Plaintiff Only Exposed To Expert Witness Fee Costs If Lawsuit Was Unreasonable, Frivolous Or Vexatious

Cases: Civil Rights, Cases: Experts

  Second District Panel Reverses $2,350 Cost Award to SJM Winning Defendant.      In Baker v. Mulholland Security and Patrol, Inc., Case Nos. B232172/B234487 (2d Dist. Div. 8 Mar. 28, 2012) (certified for partial publication), the appellate court reversed a $2,350 expert witness fee cost award against a losing FEHA plaintiff, after defendant won summary […]

Civil Rights/Pleading: Owners Winning Illegal “Spot Zoning” Was Entitled To Award Of Fees Under 42 U.S.C. § 1988

Cases: Civil Rights, Cases: Pleading

  It Was Irrelevant Winner Did Not Plead or Cite Civil Rights Statutes as Fee Entitlement Basis.      Here is an interesting one for land use practitioners out there.      In Ocean Avenue Associates, LLC v. City of Indio, Case No. E052522 (4th Dist., Div. 2 Mar. 19, 2012) (unpublished), property owners invalidated city ordinances

Civil Rights: $182,292.75 Attorney’s Fees Award For Frivolous Civil Rights Case Affirmed Against Losing Plaintiff

Cases: Civil Rights

  No Abuse of Discretion, Especially Where Declaration Could Not Be Used To Trump Deposition Testimony in Summary Judgment Proceeding.      For a plaintiff losing FEHA claims in California state court, attorney’s fees can only be awarded against them where the claims are frivolous, unreasonable, without foundation, or brought in bad faith. (Chavez v. City

Civil Rights/POOF!: $494,714.40 Fee Award Against Roommate Web Sorting Service Vacated Upon Reversal of Summary Judgment/Permanent Injunction Against Litigant

Cases: Civil Rights, Cases: POOF!

  No Place Like Home:  FHA/FEHA Restrictions Held Not Applicable to Roommate Selection for Sharing Inside of Living Units.      Roomate.com, LLC, which maintains a website asking questions about sex, sexual orientation, and familial status for individuals seeking roommates, must have been shocked when a district judge granted a summary judgment/permanent injunction based on finding

Allocation/Civil Rights: $645,534 Attorney’s Fees Award To Successful FEHA Plaintiff Affirmed On Appeal

Cases: Allocation, Cases: Civil Rights

  Compensatory Award Was $560,709; 1.5 Fee Multiplier Also Justified.      In the FEHA civil rights area, the law is intentionally designed to confer reasonable attorney’s fees upon winning civil rights plaintiffs and only impose fees against them should the case be shown as frivolous/baseless in nature. The next case illustrates how substantial fee awards

Civil Rights/In The News . . . . Civil Rights Plaintiff Winning $500 Entitled To Fee Award Of $80,000

Cases: Civil Rights, In The News

  U.S. Magistrate Judge’s Recommendations Has Some Nice “Fees on Fees” Hints.      In a January 13, 2012 post of the Courthouse News Service, we are informed that U.S. District Judge Jack Weinstein accepted U.S. Magistrate Judge Roanne L. Mann’s recommendation that a civil rights plaintiff should be awarded $80,000 in attorney’s fees for prevailing

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