Cases: Civil Rights

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              In Abarca v. Citizens of Humanity, LLC, Case No. B290090 (2d Dist., Div. 3 June 18, 2020) (unpublished), a FEHA plaintiff won a jury verdict on disability discrimination/retaliation claims, although losing two other claims, to the tune

Civil Rights: Fee Recovery For Prevailing FEHA Plaintiff Reversed Because He Should Have Been Allowed The Hourly Rate Of His Los Angeles Attorneys When Inland Local Counsel Could Not Have Been Obtained

Cases: Civil Rights

On Remand, Lower Court Also Needs To Reexamine Its Multiplier Analysis In Tandem With Rewarding Higher Hourly Rates.             Caldera v. Dept. of Corrections and Rehabilitation, Case Nos. G057343/G057478 (4th Dist., Div. 3 Apr. 30, 2020) (published) is a case where our local Santa Ana appellate court reviewed a FEHA attorney’s fees award to plaintiff’s

Civil Rights: Plaintiff Losing Intertwined Labor Code § 1102.5/FEHA Claims Was Properly Not Assessed With Attorney’s Fees Under FEHA And Was Improperly Assessed With Routine Costs As Against Los Angeles County

Cases: Civil Rights

Costs Award Reversed Because Intertwined Claims Were Not Frivolous In Nature.             If a trial judge finds that a plaintiff’s FEHA case is not frivolous in nature, a defendant faces large odds to gain an award of attorney’s fees and costs.  Hays v. County of Los Angeles, Case No. B291542 (2d Dist., Div. 7 Mar.

Civil Rights: Younger-Based Dismissals Can Give Rise To Attorney’s Fees Exposure Against Civil Rights Plaintiffs And In Favor Of Defendant Counties

Cases: Civil Rights

County Was Awarded $101,174.40 In Fees And $1,259.60 In Costs Under Section 1983 As Against Losing Plaintiff.             The Ninth Circuit in Citizens for Free Speech, LLC v. County of Alameda, No. 18-16805 et seq. (9th Cir. Mar. 24, 2020) (published), found that civil rights case dismissals under Younger v. Harris, 401 U.S. 37 (1971)

Civil Rights: 9th Circuit Holds 90% Discount Of Fees In Civil Rights Case Will Require Further Explanation By Trial Judge

Cases: Civil Rights

Court Majority Believed "Punishing" Attorneys For An Initial High Demand By Slashing Fees Would Lead To "Perverse Incentives."         A steep 90% discount of a senior litigator's fees led a panel majority of the 9th Circuit to demand further explanation from the trial judge. Vargas v. Howell, No. 18-15513 (9th Cir.  2/5/20) (maj: Miller, Watford;

Civil Rights, Costs: Winning FEHA Plaintiff Properly Awarded $64,356 In Expert Witness Fees Through Costs Memorandum Procedure

Cases: Civil Rights, Cases: Costs

Plaintiff Did Not Necessarily Have To File Noticed Motion Where Trial Court Did Exercise Discretion In Awarding Them Through The Costs Memorandum Process.             A FEHA plaintiff won a very nice jury verdict of $2 million in compensatory damages and $6.1 million in punitive damages (reduced on appeal to $4.264 million based on a net

Civil Rights: After Appellate Court Reversed $5 Million Punitive Damages Component OF FEHA Jury Verdict And After Defendants Paid The Trial Level Fee Award, Lower Court Did Not Abuse Its Discretion in Refusing To Award Additional Fees To Plaintiff

Cases: Civil Rights

$1,037,286 Fee Award Was Paid On Remand From $3.769 Million FEHA Compensatory Verdict.             Plaintiff in Leggins v. Rite Aid Corp. & Thrifty Payless, Inc., Case No. B290700 (2d Dist., Div. 1 Dec. 20, 2019) (unpublished) had won a FEHA harassment/wrongful discharge verdict against defendants to the tune of $3.79 million in compensatory damages, $5

Civil Rights: Lower Court’s Denial Of Attorney’s Fees Under 42 U.S.C. § 1988 Was Reversed Because Substantial Federal Civil Rights Claims Alleged And Plaintiff Prevailed On Factually-Related Non-Civil Rights Claim Of Merit

Cases: Civil Rights

Key Decision For Civil Rights and Municipal Attorneys To Read!             Beames v. City of Visalia, Case No. F075855 (5th Dist. Dec. 19, 2019) (published) is key reading for civil rights and municipal practitioners on attorney’s fees entitlement under 42 U.S.C. § 1988.             What happened in this case is that plaintiff/petitioner obtained superior court

Civil Rights: Second District Affirms $46,800 Attorneys’ Fees Award Against Unsuccessful Whistleblower Plaintiff

Cases: Civil Rights

A Lawsuit Brought In Bad Faith With Several False Statements In His Complaint Sealed The Deal For This Plaintiff.             In Marciano v. City of Los Angeles, Case Nos. B287477 and B288907 (2d Dist., Div. 8 November 4, 2019) (unpublished), two police officers brought a whistleblower lawsuit against the City of Los Angeles claiming retaliation

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