Cases: Civil Rights

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

Civil Rights: $242,672 Attorney’s Fees/Costs Award Under Disability Statutes Reversed As A Matter Of Law

Cases: Civil Rights

No Violation of Law Shown Under Various Disability Statutes, With Catalyst And Prelitigation Demand Contentions Not Helping Either.             Because construction/website disability claims are flooding the federal and state courts, Skaff v. Rio Nido Roadhouse, Case Nos. A152462/A153606 (1st Dist., Div. 1 Oct. 5, 2020) (published) is a case showing that the judiciary is eyeballing

Civil Rights, Costs: In Mixed FEHA/Non-FEHA Action, Costs Properly Assessed Against Nonprevailing Plaintiff

Cases: Civil Rights, Cases: Costs

Although FEHA Case Was Not Frivolous, Costs Allowable On Non-FEHA Claims.             Even though a losing FEHA plaintiff only gets tagged with routine costs if plaintiff’s case is frivolous, that does not mean that plaintiffs in all actions do not face exposure, which is the situation when non-FEHA claims are involved.             Obi v. L.A.

Civil Rights: $819,335 FEHA Fee Award Stood After Appellate Court Affirmed $250,000 Emotional Distress Compensatory and $1.95 Million Punitive Damages Awards In Favor Of Plaintiff

Cases: Civil Rights

Case Illustrates How FEHA Fee Awards Can Be Substantial For Prevailing Plaintiffs.             FEHA has a pro-plaintiff fee shifting statute.  When plaintiffs prevail under this statute, the fee awards can be quite substantial.             Albarracin v. Fidelity National Financial, Inc., Case No. B292895 (2d Dist., Div. 3 Aug. 13, 2020) (unpublished) illustrates this point well. 

Civil Rights, Special Fee Shifting Statute: Water District Correctly Denied CCP § 1038 And FEHA Fees Against Non-Prevailing Plaintiff Who Was Represented When Civil Rights Suit Was Filed And Did Not Contest Defense Dispositive Motion

Cases: Civil Rights, Cases: Special Fee Shifting Statutes

No Evidence That Case Was Filed Or Maintained For An Improper Purpose.             In Fong v. Eastern Municipal Water Dist., Case No. E071088 (4th Dist., Div. 2 July 16, 2020) (unpublished), plaintiff—through an attorney—filed a complaint alleging illegal recording Penal Code and FEHA claims.  Her attorney withdrew from the case, and the defense filed an

Civil Rights, Multipliers: Lower Court Properly Denied Prevailing FEHA Plaintiff’s Request For A 2.0 Positive Multiplier

Cases: Civil Rights, Cases: Multipliers

Grant Of Full Lodestar Request Was The Main Reason For Refusing Multiplier, A Determination Affirmed On Appeal.             A plaintiff prevailed on FEHA claims against defendant in Scudder v. Dept. of Transportation, Case No. B293859 (2d Dist., Div. 5 July 14, 2020) (unpublished).  Plaintiff then moved for attorney’s fees in a lodestar amount of $592,075

Civil Rights: Petitioner’s Neighborhood Association/Resident’s Trial Court Victory Under The California Voting Rights Act And California Constitution Was Reversed As A Matter Of Law

Cases: Civil Rights

That Means That Petitioner’s Motion To Recover Fees Of $22 Million Under A One-Way Fee Shifting Statute Went Bye-Bye.             Petitioner’s neighborhood association and a resident, in Pico Neighborhood Assn. v. City of Santa Monica, Case No. B295935 (2d Dist., Div. 8 July 9, 2020) (published), had successfully sued Santa Monica when a lower court

Civil Rights, Costs, Substantiation Of Reasonableness Of Fees, Reasonableness Of Fees: Except For Correction Of Routine Costs Math, FEHA Fee Award Of About $1.1M And Almost $107K In Costs Affirmed On Appeal Where Plaintiff Won $650K In Damages

Cases: Civil Rights, Cases: Costs, Cases: Reasonableness of Fees, Cases: Substantiation of Reasonableness of Fees

Limited Success/Allocation Fee Challenges Rejected On Appeal; Expert Witness Fees Can Be Sought Through A Costs Memorandum.              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune

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