Supreme Court of California

In plaintiff's action under the Fair Employment and Housing Act (FEHA), court of appeals' reversal of trial court's denial of plaintiff's motion seeking an attorney's fee award of $870,935.50 is reversed where: 1) Code Civ. Proc. section 1033(a), interpreted according to its plain meaning, gives a trial court discretion to deny attorney's fees to a plaintiff who prevails on a FEHA claim but recovers an amount that could have been recovered in a limited civil case; and 2) in light of plaintiff's minimal success and grossly inflated attorney's fee request, the trial court did not abuse its discretion in denying attorney's fees.

Appellate Information

• Decided 01/14/2010
• Published 01/14/2010

Judges

• KENNARD, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Law Office of Rochelle Evans Jackson, Rochelle Evans Jackson; Law Office of Melinda G. Wilson and Melinda G. Wilson for Plaintiff and Appellant., Lisa R. Jaskol for Los Angeles County Bar Association and California Women Lawyers as Amici Curiae on behalf of Plaintiff and Appellant., Horvitz & Levy, Jeremy B. Rosen and Jason R. Litt for The Asian Pacific American Legal Center, Bet Tzedek Legal Services, The Impact Fund, Public Counsel and The Western Center on Law and Poverty as Amici Curiae on behalf of Plaintiff and Appellant., The Hundley Law Firm and Paul B. Hundley for Association of Corporate Counsel, Southern California Chapter as Amici Curiae.


• For Appellees:
  
• Rockard J. Delgadillo, City Attorney, Paul L. Winnemore and Beth D. Orellana, Deputy City Attorneys, for Defendants and Respondents., Paul, Hastings, Janofsky & Walker, Paul W. Cane, Jr., and Laura B. Scher for Employers Group and California Employment Law Council as Amici Curiae on behalf of Defendants and Respondents., Lozano Smith, Gregory A. Wedner and Sloan R. Simmons for League of California Cities and California State Association of Counties as Amici Curiae on behalf of Defendants and Respondents., Norton, Moore & Adams and William A. Adams for Food & Beverage Association of San Diego County as Amicus Curiae on behalf of Defendants and Respondents.