Disability Fee Reversal–Mundy v. RLA Properties, Case Nos. B224667/B225612 (2d Dist., Div. 1 June 23, 2011) (unpublished).
In this one, plaintiff in a Disabled Persons Act case, which has a fee-shifting provision in favor of the “prevailing party” (Civ. Code, § 55), lost his attempt to obtain statutory damages in a bench trial, with the lower court ultimately awarding the defense $7,052 in attorney’s fees. The merits judgment was affirmed, but the fee award was reversed. Because plaintiff’s suit did cause a remediation of ADA violations, it was an abuse of discretion to find that the defense was the clear “prevailing party.”
Anti-Harassment Fee Affirmance–Rahmat v. Miller, Case No. B226053 (2d Dist., Div. 6 June 23, 2011) (unpublished).
Here, the defendant was awarded $2,950 in total fees in an anti-harassment lawsuit, which also has a fee-shifting provision (Code Civ. Proc., § 527.6(i)). Even though a symmetrical injunction was entered into by both sides, “prevailing party” status does not turn on a rigid definition. The appellate court found there was no abuse of discretion because an appearance had to be made by the defense because plaintiff did not timely get settlement papers to the court containing the mutual stay-aways.