POOF!: $687,000 FEHA Fee Award Evaporates When FEHA Retaliation Verdict Reversed On Appeal For Lack Of Substantial Evidence

Compensatory Award Was Only $62.127.20; Reversal Was Based On A 2-1 Opinion On The Substantial Evidence Issue.

            Just to show you how reversal on appeal for insubstantial evidence can result in havoc, we point you to the result in Flores v. County of Los Angeles Probation Dept., Case No. B287382 (2d Dist., Div. 2 Dec. 13, 2019) (unpublished).  There, a plaintiff won a $62,127.20 FEHA retaliation jury verdict against defendant and also an attorney’s fees award of $687,000.  On appeal, the jury verdict was reversed as a matter of law based on a lack of substantial evidence (in a 2-1 opinion).  However, the reversal meant that the $687,000 fee award went POOF! also, much to the chagrin of plaintiff and much to the relief of Los Angeles County.