FEHA-Based Fees Not Allowable to Other Defendants.
In our July 30, 2010 post, we reviewed Silguero v. Creteguard, Inc., Case No. B215179 (2d Dist., Div. 1 July 30, 2010) (certified for partial publication), where a fee award went POOF! upon reversal of a demurrer sustained in favor of certain defendants.
However, apparently other defendants filed a petition for rehearing before the appellate court, arguing their fee awards should have been sustained as against plaintiff even though they were not involved directly in the demurrer reversal. Well, this petition did not work. The appellate panel found that, as to the fee award in favor of two defendants, FEHA claims were not involved and—even if they were—plaintiff’s action was not unreasonable, frivolous, groundless or without foundation, again reaffirming that FEHA fees are not a favored remedy with respect to winning defendants.
Note—This part of the opinion was unpublished, and remains that way. (See Silguero Order Modifying Opinion and Denying Rehearing, posted August 16, 2010 on the Calgov website.)