Employer Standard Also Applies To Supervising Employee Defendant.
In Lopez v. Routt, Case No. B269345 (2d Dist., Div. 3 Nov. 29, 2017) (published), the Second District, Division 3 DCA decided that a supervising employee FEHA defendant had to meet the same frivolousness standard as applicable to employer defendant with respect to recovering fees from an unsuccessful plaintiff. The trial court denied individual defendant’s request for $ 374,760.75 in fees, a determination affirmed on appeal based on the appellate court’s ultimate conclusion.