Civil Rights, Reasonableness Of Fees: Trial Judge Properly Awarded Fees Of $710,000 To A Somewhat Successful Plaintiff In A FEHA Case, Rejecting Inflated Fee Request Of Over $2.7 Million

Compensatory Award Was $307,762, Even Though Jury Was Asked To Award $7 Million.

            Inflated fee requests, as we know from the oft-quoted decision in Christian Research Institute v. Alnor, 165 Cal.App.4^th 1315, 1325-1326 (2008), are a special situation which allows a trial judge to substantially reduce or deny altogether the request. Alnor was front and center in the conclusion reached by the same DCA in McElwain v. Kaiser Foundation Hospitals, Case No. G055049 (4^th Dist., Div. 3 Dec. 20, 2018) (unpublished).

            There, a FEHA plaintiff won $307,762 in compensatory damages from a jury in a disability discrimination suit, although asking for $7 million in damages and not awarded any future economic/noneconomic damages. She then moved to recover over $2.7 million in fees under FEHA’s pro-plaintiff fee shifting statute. The trial judge awarded over $710,000 in fees, refusing to award a positive 1.2 multiplier and applying a negative .4 multiplier after observing that the hourly rates were excessive for the Orange County venue, plaintiff had limited success, and the fee submissions were rife with duplications/inefficiencies/billing errors.

            The appellate court affirmed. Alnor controlled, with the factors relied on by the lower court fully supporting the reduced award, the application of a negative multiplier, and the refusal to grant a positive multiplier. Justice Ikola authored the 3-0 decision.