FEHA Plaintiff Requested $243,916.50 In Fees For 560 Hours of Attorney Work.
Message to Civil Rights Attorneys: Lasciate ogne speranza, voi ch’intrate.
Chavez v. City of Los Angeles, 47 Cal.4th 970 (2010), when it came out and still today, is an important case in the plaintiff FEHA recovery area. Chavez was central to the majority’s decision affirming denial of a fee award in Chavez v. Armory Center for the Arts, Case No. B242205 (2d Dist., Div. 5 Sept. 18, 2014) (unpublished).
In the unpublished decision, FEHA plaintiff won a $3,600 sexual harassment award after settling wage/hour claims for $2,000 and dismissing a failure to prevent retaliation claim. Then, FEHA plaintiff moved to recoup $243,916.50 in fees for 560 hours of attorney work. Based on the state supreme court Chavez decision, the lower court denied fees altogether.
A 2-1 majority of a 2/5 DCA panel affirmed the fee denial, finding Chavez persuasive and determining the lower court was within bounds to reject the fee request as grossly inflated. However, Justice Mosk dissented, basically finding that some fees should be recovered based on plaintiff beating a huge summary judgment motion in entirety and prevailing after a seven day trial involving 10 witnesses. He found sufficient evidence had been presented to support plaintiff’s claims and there was enough success to justify a fee award.