1.33 Multiplier Was Justified.
Plaintiff in Pena v. Central Freight Lines, Case Nos. A134753/A138014 (1st Dist., Div. 3 Oct. 4, 2013) (unpublished) won $470,000 in economic/noneconomic damages after a bench trial, with the lower court subsequently awarding $431,884.25 in fees under the FEHA fee-shifting statute–including a 1.33 multiplier, despite plaintiff requesting fees of $789,125 (lodestar plus a requested 2.5 multiplier).
The defense challenge to the award did not succeed on appeal.
The 1.33 multiplier was justified based on these factors: plaintiff’s attorney took it on a contingency; he worked 4 years without receiving any fees; the attorney incurred $38,000 in costs; and he was successful on his client’s behalf.