Compensatory Award Was $575,000.
Plaintiff did prevail on some wrongful termination/FEHA claims to the tune of $575,000 in past noneconomic damages. Plaintiff later moved to recoup $1,064,062.70 in fees (lodestar of $532,031.35 plus a 2.0 positive multiplier), with the trial judge awarding $400,800. Both sides appealed, with plaintiff filing a cross-appeal seeking more fees. Both sides lost in Lave v. Charter Communications, LLC, Case No. D076206 (4th Dist., Div. 1 Dec. 21, 2020, posted on Dec. 22, 2020) (unpublished).
The problem was that plaintiff waived any fees challenges by not raising them below—with forfeiture being a key appellate principle often applied if an appellant did not contest it before the trial judge. With respect to not awarding the 2.0 multiplier, plaintiff could not demonstrate how the lower court abused its discretion, given that a multiplier is not automatic and a discretionary call unless legal criteria are not properly followed in coming to a decision. That was the case in this particular matter.
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