Cases: Civil Rights

Private Attorney General, Civil Rights: Plaintiffs’ Bane Act/Whistleblower Retaliation Victories Justified An Award Of Attorney’s Fees Under CCP § 1021.5

Cases: Civil Rights, Cases: Private Attorney General (CCP 1021.5)

$1,054,286.88 Was Fee Award Affirmed Against Los Angeles.            Two fired Department of Transportation hearing examiners sued the City of Los Angeles under the Bane Act and for whistleblower retaliation, claiming that the City pressured them to change adverse decisions in hearings on parking citations.  They won their claims before a jury which awarded them […]

Civil Rights: $3,780 In Attorney’s Fees Against Petitioner Losing Civil Harassment Restraining Order Reversed On Procedural Grounds

Cases: Civil Rights

Oral Motion For Fees Or Fee Request In Responsive Pleading Before A Hearing Did Not Satisfy The Requirement To Bring Through A Noticed Motion.             Petitioner losing a civil harassment restraining order was assessed with attorney’s fees under CCP § 527.6 (a fee-shifting provision in this area) to the tune of $3,780 in favor of

Civil Rights: $206,157.50 Attorney’s Fees Request By Defendant Prevailing On Summary Judgment Against FEHA Plaintiff Properly Denied

Cases: Civil Rights

Action Was Not Frivolous And Was Not Prosecuted In Bad Faith.             County of Los Angeles, in Shah v. County of Los Angeles, Case No. B291084 (2d Dist., Div. 3 Aug. 22, 2019) (unpublished), was not happy when the trial judge denied its attorney’s fees request of $206,157.50 after prevailing against plaintiff on FEHA claims.

Civil Rights: E.D. Pennsylvania District Judge Denies Title VII Fee Recovery To Plaintiff Only Winning Nominal Damages Of $1 Dollar On One Title VII Retaliation Claim

Cases: Civil Rights

Plaintiff Sought To Recover $358,383 In Fees; Limited Success Was Key Reason For Denial.             In Pierce v. City of Philadelphia, Civil Action No. 17-5539 (E.D. Pa. Aug. 2, 2019), a Native American plaintiff brought various civil rights, constitutional, Title VII, and state-related claims against City of Philadelphia for discrimination, harassment, retaliation, and hostile work

Civil Rights, Section 998: 4/1 DCA Decides That Nonfrivolous FEHA Actions Cannot Give Rise To Routine Cost Recovery Even Though A CCP § 998 Offer Was Rejected

Cases: Civil Rights, Cases: Section 998

Legislature’s 2019 Amendment In Government Code Section 12965(b) Was To Be Retroactively Applied.             Effective January 1, 2019, the California Legislature amended Government Code section 12965(b) to resolve a split between two decisions, Sviridov and Arave [both of which were discussed in posts under our categories “Civil Rights” and “Section 998”], about whether CCP §

Allocation, Civil Rights, Multiplier: Cohabiting Unmarried Couple Tenants Winning $11,970 On FEHA Marital Discrimination Claim, Despite Losing Privacy Invasion And Quiet Enjoyment Claims, Properly Awarded $389,200 In Attorney’s Fees

Cases: Allocation, Cases: Civil Rights, Cases: Multipliers

Fees Properly Included A 1.3 Multiplier, With No Allocation Required Because Proof On FEHA And Other Claims Were Intertwined.             Plaintiff tenants, a cohabiting unmarried couple, sued a San Francisco defendant apartment owner for FEHA marital discrimination, invasion of privacy, and breach of the quiet enjoyment covenant based on owner’s actions in attempting to evict

Civil Rights, Costs, Employment, Section 998: Where Thrust Of Losing Plaintiff’s Suit Was A FEHA Claim, Trial Court Properly Refused To Award CCP § 998 Costs To Winning Defendant Despite Loss On Non-FEHA Whistleblower Claim

Cases: Civil Rights, Cases: Costs, Cases: Employment, Cases: Section 998

Prominence Of Suit Prevailed, Plus Appellate Court Offers Tips On What Trial Courts Ought To Follow When There Is A Split In Intermediate Appellate Thought On An Issue.             In Thiry v. Pet Partners, Inc., Case No. E070851 (4th Dist., Div. 2 June 20, 2019) (unpublished), plaintiff brought a mixed FEHA/whistleblower/UCF suit based on allegations

Civil Rights: Prevailing Civil Rights Plaintiffs In Significantly Pared Down Police Raid Case, Gaining Damages Of About $5,400, Properly Denied Fees Altogether

Cases: Civil Rights

Based On Limited Success And Inflated Billings, $2.4-3.8 Million Fee Requests Did Not Resonate With Trial Or Appellate Courts.             Guillory v. Hill, Case No. G054027 (4th Dist., Div. 3 May 31, 2019) (unpublished) dealt with a civil rights case brought by plaintiffs after a police raid of a mansion in the aftermath of a

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