Reduction Justified Because Case Was Not Extraordinary.
In Moran v. Forever 21 Logistics, LLC, Case No. B265988 (2d Dist., Div. 5 Aug. 15, 2016) (unpublished), plaintiff won a $199,000 damages award on age harassment/discrimination claims and sought $421,130 in attorney’s fees (inclusive of a 1.5 multiplier) under FEHA’s discretionary fee-shifting statute. The trial judge awarded fees of $116,925 after characterizing it as a “typical” case (although this was inclusive of a .5 multiplier).
Plaintiff’s appeal for additional fees was unsuccessful. Given the “typical case” characterization of the trial judge and the deferential abuse of discretion standard of review, the appellant court perceived the lower court could have reasoned that the hourly rate was too high or number of hours claimed excessive for a case which was not extraordinary in nature.