$503,450.02 Fee Award and $31,679.08 Costs Award Went Away For Now, Even Though Reversal As To Only One Defendant.
Plaintiff won a FEHA-based lawsuit against both a school district and an individual in Norton v. San Bernardino City Unified School District, Case No. G049496 (4th Dist., Div. 3 Oct. 9, 2014) (unpublished). After a 39-day trial, a jury awarded $360,000 in total damages, with $130,000 against District. Plaintiff also won a $503,450.02 fee award and $31,679.08 costs award against both defendants.
The appellate court reversed on instructional error with respect to an element of the discrimination claim against the District. However, because it could not say that the fee/costs award against both defendants was not influenced by the discrimination recovery against District, the partial reversal meant the entire fees/costs award went POOF! as to both defendants.
Justice Fybel penned the decision on behalf of a 3-0 panel.