Cases: Civil Rights

Civil Rights: Although Some Fee Recovery In The Offing, $20,000 Fee Award Reversed For Failure To Consider Losing FEHA Plaintiff’s Ability To Pay

Cases: Civil Rights, Cases: Employment

  Federal and State Cases Require Consideration of “Pocketbook” Factor in FEHA Area.      Defendant must have been feeling pretty good. It had won a couple of prior appeals brought by a losing FEHA plaintiff/job applicant who unsuccessfully sued for national original discrimination under Title VII. Defendant moved for the fees in winning the two

Civil Rights/Special Fee Shifting Statute: Attorney’s Lack Of Credibility About Claim Filing Justified CCP § 1021.7 Fee Award Against His Client

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

  Both Prongs of Disjunctive Section 1021.7 Elements Satisfied Here.      Code of Civil Procedure section 1021.7 is a special-fee shifting provision which allows defendants in a peace officer damages action to recover reasonable attorney’s fees in the court’s discretion upon a finding “that the action was not filed or maintained in good faith and

Civil Rights: Plaintiff Losing FEHA Case Against Individual Liable For $40,000 Fee Award Based Upon Prosecuting Frivolous Action

Cases: Civil Rights, Cases: Employment

  Plaintiff Placed On Notice of Fee Exposure; Ability to Pay Was Considered.      Generally, plaintiffs losing FEHA cases do not face fee or costs exposure, except for an important BUT. BUT they will face fee exposure if the plaintiff’s action is found to be frivolous, unreasonable, or without foundation, even though not brought in

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

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