CCP § 1021.7 at Issue. In Harris v. Kennedy, Case No. E052411 (4th Dist., Div. 2 Aug. 13, 2012) (unpublished), plaintiffs lost a demurrer based on immunity grounds arising from a civil rights action against the police, with the trial court subsequently awarding the defense all requested attorney’s fees of $34,078.60 under Code […]
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
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
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 In Ocean Avenue Associates, LLC v. City of Indio, Case No. E052522 (4th Dist., Div. 2 Mar. 19, 2012) (unpublished), property owners invalidated city ordinances
In Shoyoye v. County of Los Angeles, Case No. B223542 (2d Dist., Div. 4 Feb. 23, 2012) (certified for publication), the Second District overturned a civil rights award of $202,700 to a plaintiff and against Los Angeles County for allegations relating to plaintiff’s claims he was kept in jail for 16 days due
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
$628,083.75 Fee Request (Lodestar With 1.5 Multiplier) Was Rejected by Trial Court. Espinoza v. County of Orange, Case No. G043067/G043345 (4th Dist., Div. 3 Feb. 9, 2012) (unpublished) is a situation where a civil rights plaintiff did win $820,000 in damages against Orange County, but was less than happy when the lower court
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
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
Big Chunk of Settlement Went to Attorney’s Fees for Winning Plaintiff. As reported by Tony Saavedra in an article in the January 26, 2012 Orange County Register, Orange County has paid $375,000 to end a federal lawsuit alleging that sheriff’s deputies arrested the wrong man, ordered him to strip naked, and beat him
