Appellate Court Also Chided Plaintiffs’ Counsel For A Lack Of Civility. In Gonzalez v. County of Los Angeles, Case No. B317794 (2d Dist., Div. 2 July 28, 2023) (unpublished), plaintiff lost a FEHA case after demurrer and summary judgment grants. The lower court found the FEHA claims to be frivolous, unreasonable, and groundless, awarding […]
Fees Are Not Allowable Under ADA Fee Statute, But Rule 11 Was Available to Recoup Fees If The Defense Can Prove The Action Was Frivolous. The Ninth Circuit, in Fernandez v. 23676-23726 Malibu Road, LLC, No. 22-55626 (9th Cir. July 26, 2023) (published), held that an American with Disabilities Act (ADA) plaintiff whose case
Plaintiff’s Suit Was Not Frivolous Under Political Reform Act, With Defendants Not Showing An Important Right/Significant Benefit Were Vindicated Under CCP § 1021.5. In Travis v. Brand, Case No. B298104 (2d Dist., Div. 8 May 19, 2023) (published), the 2/8 DCA had to consider whether prevailing defendants were entitled to attorney’s fees under the
Action Was Dismissed, With Options For Counsel Being To Intervene In The Qui Tam Action Or To Provide For A Fee Recovery Preservation In The Settlement. In Berney Law Corp. v. ClubCorp Porter Valley Country Club, Inc., Case No. B313888 (2d Dist., Div. 7 May 18, 2023) (unpublished), the trial and appellate courts faced
Compensatory Award Was $1,014,000. As we have posted in the past, FEHA compensatory awards often produce ancillary substantial fee recoveries. That was borne out in Thomas v. City of Los Angeles, Case Nos. B305051/B308622 (2d Dist., Div. 2 Apr. 25, 2023) (unpublished). Plaintiff won a $1,014,000 FEHA disability discrimination award against L.A., with
Defendants Only Obtain Fees If Plaintiff’s Suit Is Objectively Unreasonable From The Start Or Becomes So During Its Prosecution. The California Supreme Court, in Travis v. Broad, Case No. S268480 (Cal. Supreme Court Jan. 30, 2023) (published), faced the situation where prevailing defendants in a Political Reform Act case were awarded discretionary attorney’s fees
Trial Judge Rejected Fee Request For Half Based On The Party-Client Agreement. In Aaronoff v. Olson, Case No. B295388 (2d Dist., Div. 2 Jan. 24, 2023) (unpublished), prevailing party in a civil harassment proceeding (where the trial judge has discretion to award prevailing party fees per CCP § 527.6(a)) awarded $40,295 to the prevailing
Other Interpretations Would Subvert The Remedial Purpose Of The Reimbursement Provisions. The California Voting Rights Act was passed by the state Legislature to address at-large elections tending to dilute the ability of minority groups to elect candidates (racial block voting), including provisions which allows a prospective plaintiff who gets an ordinance establishing district-based elections to
Plaintiff’s Injunctive Relief Allegations Triggered Civil Code Section 55, Which Allowed Fees To The Defense—Allegations Matter In These Cases. Sandoval v. Nippon Life Ins. Co. of America, Case No. E077245 (4th Dist., Div. 2 Dec. 12, 2022) (unpublished) is an interesting disabled person website case which was voluntarily dismissed without prejudice after some discovery.
No Abuse Of Discretion In District’s Reduction Of Fees And Costs Award To $9,851 From The Requested $34,899 Where Work Was Routine And Boilerplate, There Was A Lack Of Opposition, And Much Of The Motion Practice Was Unnecessary. In Shayler v. 1310 PCH, LLC, Case No. 21-56130 (9th Cir. October 24, 2022) (published), serial
