Real Life Example Of A Fees/Costs Ruling By A San Mateo Superior Court Judge.
We like to provide real life examples of rulings by California superior court judges where we can. We give a “hat tip” to Robert S. Nelson of Nelson Law Group (San Francisco), who successfully obtained attorney’s fees/costs for his FEHA plaintiff client, in providing us a tentative ruling on an attorney’s fees motion (which has been adopted as the final order) by San Mateo County Superior Court Judge Susan Greenberg.
In Centeno v. Bon Appetit Management Co., et al., San Mateo County Superior Court Case No. 18-CIV-00620, FEHA plaintiff reached a settlement with the defense, preserving the ability to afterwards move to recover attorney’s fees under FEHA’s fee-shifting statute (Gov. Code, § 12965(b)). On April 11, 2019, Judge Greenberg ruled on plaintiff’s fee motion, where $397,080 was sought (inclusive of a requested positive 1.5 multiplier on the $282,470 lodestar amount). In the end, she awarded plaintiff $211,795.80 in fees—not a bad pay day at all.
Judge Greenberg reached this number by (1) reducing time for some unsuccessful tasks, (2) not awarding time for media activities and an EDD unemployment benefits hearing, (3) reducing time for retention of a human resources expert, and (4) pegging the reasonable hourly rate at $535 per hour rather than the $600-650 range requested by plaintiff (with the defense arguing $480 was reasonable). She then found that a positive 1.2 multiplier was appropriate on the adjusted lodestar, most likely because there was good lawyering and the matter was taken on contingency.
She also awarded costs of $25,603.73, including mediation fees given that they were appropriate under the circumstances of the case (citing as support, Berkeley Cement, Inc. v. Regents of University of California, 30 Cal.App.5th 1133, 1143 (2019) [discussed in our January 8, 2019 post and in co-contributor Marc’s January 29, 2019 L.A. Daily Journal article on the case, which is mentioned in our January 29, 2019 post]).
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