Trial and Appellate Court Rebuffed Plaintiff’s Request For $153,525 In Fees.
Well, plaintiff won a FEHA claim—but had very limited success—in a tenant dispute with landlord and apartment managers over unlawful housing discrimination/retaliation for reporting the alleged discrimination. A jury awarded plaintiff $5,000, after the trial court directed verdicts on plaintiff’s claims for malicious prosecution and punitive damages. Plaintiff moved to recoup $153,525 in attorney’s fees under a FEHA fee-shifting provision, representing 319.5 hours of legal work. The defense opposed, claiming the fee request was excessive and deserved much less of an award based on limited success. The trial court agreed, awarding only $10,000 in fees.
The appellate court rejected plaintiff’s challenge to the fee award in Youssef v. Wheatley, Case No. B257828 (2d Dist., Div. 2 Dec. 7, 2015) (unpublished), affirming the $10,000 fee award.
The reviewing court did find much of the work to be excessive and also credited the view that plaintiff only achieved limited success. It also determined the submitted billings were “exorbitant on their face,” including a requested recovery of six hours to prepare a Judicial Council complaint and billing hours for when the jury was immersed in deliberations. The result does hold some clues on what not to submit for fee recovery in California state courts.
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