Reasonableness Of Fees:  FEHA Prevailing Plaintiff, Through Settlement Garnering $75,000, Properly Awarded Only $76,900 In Fees

 

 

Plaintiff Sought Over $620,000—Deemed Too Exorbitant.

            Although we know that generally FEHA fees are mandatory to a prevailing party, the rub is always on the amount of fees to be awarded.  In Jain v. RJHT Compuquest, Inc., Case No. B271935 (2d Dist., Div. 4 May 19, 2017) (unpublished), a FEHA plaintiff settling at a mediation for $75,000 then sought total attorney’s fees of over $620,000 (inclusive of 1.6 multiplier).  The trial judge only awarded plaintiff $76,900 in fees, prompting an appeal.  No change in result.  The main problem was that the requested fees were deemed exorbitant, a position sustained on review.  The appellate court agreed that the trial court was not limited to reducing specific billings highlighted by the defense, but that more time could be reduced based upon a review of all relevant time records. 

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