Invited Error Doomed Defense Primary Argument on Appeal.
In Alamo v. Practice Mgt. Information Corp., Case No. B230909 (2d Dist., Div. 7 Sept. 24, 2012) (unpublished), plaintiff prevailed on a complaint alleging California Fair Employment and Housing Act (FEHA) violations as well as a state law wrongful termination claim. Plaintiff recovered compensatory damages of $10,000 under a general verdict (not differentiating on what specific claims that jurors awarded damages), and then was awarded discretionary attorney’s fees of $50,858.44 under Government Code section 12965(b), a provision that encourages awards of fees to a prevailing plaintiff.
Defendant, obviously displeased and grumpy, appealed – unsuccessfully at that.
The defense mainly argued that the fee award was infirm because the general verdict form failed to specify whether plaintiff prevailed on the FEHA statutory claims or the common law wrongful termination claim. No way, said the appellate court in more eloquent terms. You, defense attorney, tactically wanted a general verdict, so the doctrine of invited error is triggered to make this claimed error forfeited on appeal. Besides, on the merits, the argument was flawed because the wrongful termination claim and FEHA claim were based on the same factual and legal theory, such that the general verdict in favor of plaintiff meant the jury found at least one FEHA violation. Fee order affirmed, plus plaintiff can seek more fees for winning on appeal.