Defense Had Asked For $325,584, But Trial Judge Carefully Considered “Pocketbook” Factor.
Not all defense motions against plaintiffs for filing/prosecuting a frivolous FEHA claim result in a nothing fee award. Raseknia v. County of Los Angeles, Case No. B271912 (2d Dist., Div. 2 June 27, 2018) (unpublished) illustrates this, although trial judges usually will reduce the defense request based on a belief that the plaintiff has precarious financial ability to pay.
Plaintiff’s FEHA-dominant action was found to be frivolous, which allowed the defense to recover fees. It moved to recoup fees of $325,584, but the trial judge wanted some supplemental submissions on plaintiff’s financial condition and a billing matrix by the defense to support the fees request. Ultimately, the trial judge awarded the defense $100,000 in fees, reducing principally for plaintiff’s financial situation.
Plaintiff’s appeal of the fee order was unsuccessful. The trial judge did not abuse its discretion in awarding some requested fees and denying costs based on plaintiff’s financial condition.
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