60% Reduction by Trial Court Dispatched Inefficiency/Padding/Overcharge Challenges.
In Fuentes v. Autozone, Inc., Case No. B224034 (2d Dist., Div. 4 Nov. 16, 2011) (certified for partial publication; fee discussion unpublished), plaintiff won a $160,000 FEHA damages award, with the lower court subsequently awarding attorney’s fees of $677,025 under the fee-shifting statute. In doing so, the lower court reduced by 60% the $963,330 requested lodestar and denied a 2.0 multiplier request. The trial court found that its award was substantial in an uncomplicated case. Although unhappy defendant challenged the award for inflated hourly rates, padding and overreaching, the appellate court sustained the fee award based on the 60% reduction and the lower court’s setting of the reasonable hourly rate at $425 (compared to requested rates ranging from $395-$675 per hour).