Cases: Civil Rights

Civil Rights, Costs: California Supreme Court Holds That Government Code Section 12965(b) Applies To Costs On Appeal And Vacates Award Of Costs On Appeal To Prevailing FEHA Defendant

Cases: Civil Rights, Cases: Costs

The Court Of Appeal Made No Findings As To Whether FEHA Plaintiff’s Claims Were Objectively Groundless.             In our Year In Review post of the top 30 decisions in 2020, we included as No. 22 the case of Ducksworth v. Tri-Modal Distribution Services, 47 Cal.App.5th 532 which had been granted review by the California […]

Civil Rights: Partial Reversal Of FEHA Plaintiff’s Wins Necessitated A Reevaluation Of The Attorney Fees Awarded To Him

Cases: Civil Rights

Government Code § 12965(b) Authorizes A Court To Award Reasonable Attorney Fees To The Prevailing Party In A FEHA Action, But The Trial Court Has Discretion To Reduce The Award Where, As Here, A Plaintiff Achieves Only Limited Success.             In Moinuddin v. State of Cal., Dept. of Transportation, Case No. B297674 (2d Dist., Div.

Appeal Sanctions, Civil Rights: 2/5 DCA Imposes Sanctions Against County Of Los Angeles For Frivolous Appeal Of Trial Court’s FEHA Fee Denial Based On Finding That Former Employee Plaintiff’s Claims Were Not Frivolous, Vexatious Or Unreasonable

Cases: Appeal Sanctions, Cases: Civil Rights

Although The 2/5 DCA Initially Considered Imposing $8,500 Against County, It Ultimately Reduced The Appeal Sanctions To $900 Based On Contrition Shown By County’s Counsel.             In Sepah v. County of L.A. Dept. of Mental Health, Case No. B297642 (2d Dist., Div. 5 March 25, 2021) (unpublished), former employee sued the County of Los Angeles,

Civil Rights, Costs, Special Fee-Shifting Statutes: Ninth Circuit Vacates And Remands $5,962.11 Costs Award To Defendant Landlord Prevailing On Summary Judgment Against Plaintiff Tenant Claiming Race And Disability Discrimination

Cases: Civil Rights, Cases: Costs, Cases: Special Fee Shifting Statutes

In So Doing, The Ninth Circuit Joins The First, Second, Fourth, and Fifth Circuits In Holding That The Christiansburg Standard Applies To The Award Of Attorney’s Fees And Costs Under The Fair Housing Act.             The U.S. Supreme Court, in Christiansburg Garment Co. v. EEOC, 434 U.S. 412 (1978), held that, under the fee-shifting provision

Allocation, Civil Rights, Costs, Employment: Former Employer Properly Was Denied Attorney’s Fees Where FEHA Case Had Some Substance

Cases: Allocation, Cases: Civil Rights, Cases: Costs, Cases: Employment

However, 2/3 DCA Follows Roman Opinion On When To Award Costs On Non-FEHA Claims.             In Chevreaux v. Long Beach Memorial Medical Center, Case Nos. B291268/B292937 (2d Dist., Div. 3 Feb. 24, 2021) (unpublished), a jury returned a defense verdict in favor of a former employer on a non-FEHA, Tameny retaliation claim after she dismissed

Civil Rights: Plaintiff Winning $25,000 FEHA Judgment After Five-Day Jury Trial Properly Awarded Reduced Fee Recovery Of $141,165

Cases: Civil Rights

Plaintiff Requested $492,000 In Fees (Inclusive Of A 1.5 Multiplier).             You might think the plaintiff appealed in this one, but he did not.  The defense appealed the fee recovery, even though the trial judge had awarded a much lower fee recovery from the opening request.             In Velez v. Kohl Building Maintenance, Inc., Case

Civil Rights: $3,164,955.61 Fee Award Under The California Voting Rights Act Affirmed Where Plaintiffs Successfully Challenged City Of Santa Clara’s At-Large City Council Elections

Cases: Civil Rights

Plaintiffs Can Also Seek Compensation For Postjudgment Fee Work Before The Superior Court After Remittitur Issuance.             The California Voting Rights Act, Elections Code section 14030, has a pro-plaintiff, private attorney general-type of fee shifting provision, which states: “ . . . the court shall allow the prevailing plaintiff party, other than the state or

Arbitration, Civil Rights, Costs: 4/3 DCA Reverses Fees Awarded To FEHA Defendants For Motion To Compel Arbitration Efforts And Costs Awarded For Prevailing In The Arbitration

Cases: Arbitration, Cases: Civil Rights, Cases: Costs

Plaintiffs Achieved Partial Success In Their Opposition To Defendants’ Motion To Compel Arbitration, And Fees/Costs Are Not Awardable To Prevailing FEHA Defendant, Pursuant To Gov. Code § 12965(b), Unless The Court Finds Action Was Frivolous, Unreasonable, Or Groundless When Brought, Or The Plaintiff Continued To Litigate After It Became Clearly So.             In Humphrey v.

Civil Rights, In The News: Lawyer Winning $1 From Jury, In Federal Civil Rights Case, Was Awarded $1 In Attorney’s Fees And $862 In Costs Arising From Police Snatching Of A Pen

Cases: Civil Rights, In The News

$44,800 In Fees Requested, But Symbolic Victory Only Entitled A Nominal Fee Award—This Was Not A Federal Case; “Don’t Make A Federal Case Out Of That.”             An attorney got into an altercation at a police headquarters when attempting to serve a lawsuit.  The police’s office for receipt for service was closed, and two officers

Civil Rights: FEHA Slight Wins On One Claim Can Result In Far-Outpacing Fee Awards

Cases: Civil Rights

Ted Bacon Of AlvaradoSmith Provided A “Real Life” War Story Illustrating The Point.             During a two-hour sexual harassment mandatory training session, Ted Bacon of AlvaradoSmith provided a “real life” war story about how the liberal, pro-plaintiff FEHA fee shifting statute can still result in a fee award which dwarfs a plaintiff’s compensatory recovery.  What

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